University  of  California  •  Berkeley 


WILSON'S 

MINING  LAWS 

United  States,  Arizona,  California 

Idaho,  Colorado,  Nevada 

Oregon  and  Utah 


INCLUDING  LAWS  TO  LOCATE  OIL  LANDS 


ANNOTATED  AND  WITH  FORMS 


1917 


COMPILED  BY 

CALVERT   WILSON 

ATTORNEY  AT  LAW 
340  Wilcox  Building,  Los  Angeles,  Cal. 

PRICE,  ONE  DOLLAR 


MINING   AND  OIL 
SECURITIES 

We  specialize,  not  only  in  executing  the  market 
orders  of  our  patrons,  but  in  giving  them  infor- 
mation of  such  nature  relative  to  the  securities 
in  which  they  are  interested  that  they  are  aided 
in  making  intelligent  decisions.  Our 

Weekly  Market  Bulletins 

Sent  Free  Upon  Request. 

Contain  the  latest  information  concerning  physi- 
cal and  market  developments  affecting  active 
listed  securities. 

Prompt  and  Efficient  Service 

This  ''Service"  embraces  not  only  attention  to 
your  market  orders,  but  to  requests  for  informa- 
tion, and  special  bulletins  mailed  to  YOU  when 
notable  developments  relative  to  the  securities 
in  which  you  are  interested  come  to  our  attention. 

All  Securities  Bought  or  Sold,  on  Orders. 

A.  W.  COOTE 

STOCK  AND  BOND  BROKER 

Member  Los  Angeles  Stock  Exchange 

Tel.  60151  Main  4117 

604  I.  W.  Hellman  Building  LOS  ANGELES. 


NO  PROMOTIONS. 


WILSON'S 

MINING  LAWS 

United  States,  Arizona,  California, 

Colorado,  Idaho,  Nevada, 

Oregon  and  Utah 

INCLUDING  LAWS  TO  LOCATE  OIL  LANDS 


ANNOTATED  AND  WITH  FORMS 


1917 


COMPILED  BY 

CALVERT    WILSON 

ATTORNEY  AT  LAW 
340  Wilcox  Building,  Los  Angeles,  Cal. 


COPYRIGHT  1917  BY  CALVERT  WILSON 

Press  of 

BAUMGARDT  PUBLISHING  CO. 
Los  Angeles,  Cal. 


UNITED    STATES 
NATIONAL  BANK 

OF  LOS  ANGELES 
N.  W.  Corner  of  Second  and  Spring  Streets. 


We  want  the  banking  business  of  Mining  Men  and 
Mining  Companies,  both  Commercial  and  Savings. 

We  handle  mining  escrows  of  all  kinds,  at  very  reason- 
able charges  and  invite  correspondence  on  this  subject. 

We  buy  and  sell  foreign  and  domestic  exchange  and 
sell  travellers  checks  available  in  the  United  States, 
Canada  and  most  of  the  foreign  countries. 

We  have  safe  deposit  boxes  to  rent  to  hold  your  valuable 
mining  papers  from  $2.00  a  year  and  upward. 

We  attend  to  business  promptly  and  efficiently  as  our 
employees  are  acquainted  with  your  needs. 


Officers  and  Directors : 

0.  M.  SOUDEN, 
President. 

DR.  J.  H.  BULLAED,  F.  W.  SMITH, 

Vice  President.  Cashier. 

J.  E.  WOOL  WINE, 

Asst.  Cashier. 


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SUMMARY  OF 

UNITED  STATES  LAWS 


All  mineral  lands  are  open  to  occupation  and  purchase  by 
citizen,  or  he  who  has  declared  his  intention  to  become  a 
ttt»citizen  of  the  United  States. 

A  mining  claim  located  since  May  10,  1872,  shall  not  exceed 
jfifteen  hundred  feet  in  length  along  the  vein  or  lode  and  three 
hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  sur- 
face. 

The  locator  of  a  mining  claim  has  the  exclusive  right  of  pos- 
session and  enjoyment  of  all  of  the  surface  of  his  claim  and  of 
all  veins,  lodes  or  ledges  throughout  their  entire  depth,  the  top 
or  apex  of  which  lies  inside  his  surface  lines  extended  vertically 
downwards.  The  owner  of  a  mining  claim  may  follow  his  ledge 
should  its  dip  carry  him  beyond  his  side  lines  extended  ver- 
tically down,  so  long  as  he  does  not  trespass  on  the  surface  of 
another  claim ;  but  in  no  case  can  he  go  beyond  his  end  lines, 
which  must  in  all  cases  be  parallel. 

No  lode  claim  can  be  recorded  until  a  ^ein  or  lode  has  been 
discovered  thereon. 

Where  two  claims  cross  each  other  the  prior  location  is  en- 
titled to  all  the  ore  or  mineral  within  the  space  of  intersection, 
but  the  subsequent  location  has  a  right  of  way  through  the 
space  of  intersection  for  the  working  of  the  mine,  and  where 
two  or  more  veins  unite  the  oldest  location  takes  the  vein  below 
the  point  of  union,  including  all  the  space  of  intersection. 

A  PATENT  can  be  obtained  on  a  mining  claim  after  $500 
has  been  expended  thereon  for  development  or  improvement, 
upon  its  being  surveyed  by  a  United  States  mineral  surveyor, 
and  by  the  payment  of  $5  per  acre  for  the  land  to  the  United 
States  Government. 

TO  HOLD  AN  UNPATENTED  MINING  CLAIM,  not  less 
than  $100  worth  of  labor  shall  be  performed  or  improvements 
made  thereon  each  year,  subject  to  the  local  laws  of  the  State 
or  rules  of  the  mining  district.  Where  several  claims  are  held 
in  common  and  are  contiguous,  the  whole  expenditure  may  be 
made  on  any  one  claim.  The  period  within  which  this  work  is 
required  to  be  done  begins  on  the  first  day  of  January  of  the 
year  succeeding  the  year  of  location. 


Hammond 
Lumber 


Company 


SOUTHERN  CALIFORNIA  DIVISION 

Los  Angeles,  California 
MINING  TIMBERS 


Oregon   Pine    (Douglas   Fir)    and   Redwood 
Lumber,     Ties,     Piling,     Poles,     Cross    Arms, 
Kiln    Dried    Finish,    Sash,    Doors,    Hardwood 
Flooring  and  all  Lumber  products. 


MILLS 

Eureka,  California 
Astoria,  Oregon  Mill  City,  Oregon 

WHOLESALE  YARD 
East  San  Pedro,  California 

SASH  and  DOOR  FACTORIES 
Los  Angeles  and  Eureka 


Mining  Laws  of  the  United  States 


Title  XXXII,  Chapter  6,  Revised  Statutes. 

Sec.  2318.  In  all  cases  lands  valuable  for  minerals  shall  be 
reserved  from  sale,  except  as  otherwise  expressly  directed  by 
law.  132  Cal.  115,  113  Pacif.  754,  154  Cal.  768,  221  U.  S.  452. 

Sec.  2319.  All  valuable  mineral  deposits  in  lands  belonging 
to  the  United  States,  both  surveyed  and  unsurveyed,  are  hereby 
declared  to  be  free  and  open  to  exploration  and  purchase,  and 
the  lands  in  which  they  are  found  to  occupation  and  purchase, 
by  citizens  of  the  United  States  and  those  who  have  declared 
their  intention  to  become  such,  under  regulations  prescribed  by 
la"w,  and  according  to  the  local  customs  or  rules  of  miners  in 
the  several  mining  districts,  so  far  as  the  same  are  applicable 
and  not  inconsistent  with  the  laws  of  the  United  States. 

As  to  Aliens — 152  U.  S.  505.  As  to  Location  by  Agent — 
109  Cal.  122.  As  to  Locations  on  Townsite— 115  U.  S. 
406.  Private  Corp.  can  Locate— 137  U.  S.  168.  A  Minor 
can  Locate,  72  Cal.  531.  Also  see  171  U.  S.  55;  173  U. 
S.  439;  175  U.  S.  571;  133  Cal.  634;  181  U.  S.  519;  183 
U.  S.  563;  133  Fed.  209;  154  Cal.  768;  10  Cal.  App.  440; 
149  Cal.  603;  30  Mont.  562. 

Sec.  2320.  Mining  claims  upon  veins  or  lodes  of  quartz  or 
other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  cop- 
per, or  other  valuable  deposits,  heretofore  located,  shall  be 
governed  as  to  length  along  the  vein  or  lode  by  the  customs, 
regulations,  and  laws  in  force  at  the  date  of  their  location.  A 
mining  claim  located  after  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two,  whether  located  by  one  or  more  persons, 
may  equal,  but  shall  not  exceed,  one  thousand  five  hundred 
feet  in  length  along  the  vein  or  lode;  but  no  location  of  a 
mining  claim  shall  be  made  until  the  discovery  of  the  vein  or 
lode  within  the  limits  of  the  claim  located.  No  claim  shall  ex- 
tend more  than  three  hundred  feet  on  each  side  of  the  middle 
of  the  vein  at  the  surface,  nor  shall  any  claim  be  limited  by 
any  mining  regulation  to  less  than  twenty-five  feet  on  each 
side  of  the  middle  of  the  vein  at  the  surface,  except  where  ad- 
verse'rights  existing  on  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two,  render  such  limitation  necessary.  The 
end  lines  of  each  claim  shall  be  parallel  to  each  other. 

Meaning  of  Vein,  Lode  and  Ledge— 17  Utah  185 :  73  Cal. 
114 ;  116  U.  S.  529 ;  167  U.  S.  115 ;  122  U.  S.  484 ;  37  Mont. 
138;  29  Utah  490;  43  L.  D.  79. 


6  MINING  LAWS  OP  THE  UNITED  STATES 

Discovery— 152  U.  S.  227;  134  Cal.  585;  94  F.  R.  600;  177 
U.  S.  505;  93  F.  R.  612;  167  U.  S.  115;  5  F.  R.  172;  17 
Utah  185;  14  Cal.  App.  60;  113  Pac.  162;  196  U.  S.  337. 

Willing  to  Develop— 82  Fed ;  37  Oregon  185 ;  29  Utah  490 ; 
197  U  S  313 

Length  and  Width  of  Location— 18  Col.  524;  5  F.  R.  172. 

What  is  Mining  Claim— 104  U.  S.  284. 

Surface  Lines— 171  U.  S.  75;  122  U.  S.  484;  104  F.  R.  664; 
118  U.  S.  196 ;  171  U.  S.  293. 

Overlapping  Claims— 171  U.  S.  75 ;  171  U.  S.  83.    Gen.  115 

U.  S.  45;  104  U.  S.  279;  94  U.  S.  762;  170  Fed.  63. 
Sec.  2321.  Proof  of  citizenship,  under  this  chapter,  may 
consist,  in  the  case  of  an  individual,  of  his  own  affidavit  there- 
of ;  in  the  case  of  an  association  of  persons  unincorporated,  of 
the  affidavit  of  their  authorized  agent,  made  on  his  own  knowl- 
edge, or  upon  information  and  belief ;  and  in  the  case  of  a  cor- 
poration organized  under  the  laws  of  the  United  States,  or  of 
any  state  or  territory  thereof,  by  the  filing  of  a  certified  copy 
of  their  charter  or  certificate  of  incorporation.  11  F.  R.  125; 
130  U.  S.  299;  72  Cal.  531. 

Supplemented  by  an  act  of  April  26th,  1882,  which  provides 
as  follows: 

.  "That  applicants  for  mineral  patents,  if  residing  beyond  the 
limits  of  the  district  wherein  the  claim  is  situated,  may  make 
any  oath  or  affidavit  required  for  proof  of  citizenship  before 
the  clerk  of  any  court  of  record,  or  before  any  notary  public  of 
any  state  or  territory."  22  Stats,  at  Large,  p.  49,  chap.  106. 

38  Wash.  619 ;  36  Colo.  122. 

Sec.  2322.  The  locators  of  all  mining  locations  heretofore 
made  or  which  shall  hereafter  be  made,  on  any  mineral  vein, 
lode,  or  ledge,  situated  on  the  public  domain,  their  heirs  and 
assigns,  where  no  adverse  claims  exist  on  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two,  so  long  as  they  com- 
ply with  the  laws  of  the  United  States,  and  with  State,  Terri- 
torial and  local  regulations  not  in  conflict  with  the  laws  of  the 
United  States  governing  their  possessory  title,  shall  have  the 
exclusive  right  of  possession  and  enjoyment  of  all  the  surface 
included  within  the  lines  of  their  locations,  and  of  all  veins, 
lodes  and  ledges  throughout  their  entire  depth,  the  top  or  apex 
of  which  lies  inside  of  such  surface  lines  extended  downward 
vertically,  although  such  veins,  lodes,  or  ledges  may  so  far  de- 
part from  a  perpendicular  in  their  course  downward  as  to  ex- 
tend outside  the  vertical  side  lines  of  such  surface  locations. 
But  their  right  of  possession  to  such  outside  parts  of  such  veins 
or  ledges  shall  be  confined  to  such  portions  thereof  as  lie  be- 
tween vertical  planes  drawn  downward  as  above  described 
through  the  end  lines  of  their  locations,  so  continued  in  their 


MINING  LAWS  OF  THE  UNITED  STATES  7 

own  direction  that  such  planes  will  intersect  such  exterior 
parts  of  such  veins  or  ledges.  And  nothing  in  this  section 
shall  authorize  the  locator  or  possessor  of  a  vein,  or  lode  which 
extends  in  its  downward  course  beyond  the  vertical  lines  of  his 
claim,  to  enter  upon  the  surface  of  a  claim  owned  or  possessed 
by  another. 

11  Pac.  77;  11  Pac.  515;  98  U.  S.  463;  118  U.  S.  196;  116 
U.  S.  529;  116  U.  S.  418;  98  U.  S.  453;  29  F.  R.  347;  3 
Utah  159 ;  128  U.  S.  680 ;  122  U.  S.  478 ;  114  U.  S.  576 ;  29 
F.  R.  814;  16  F.  R.  348;  171  U.  S.  55;  171  U.  S.  293;  113 
F.  R.  900.  Right  of  Possession— 104  U.  S.  284;  152  U. 
S.  229;  182  Fed.  675;  85  Pac.  932;  157  Cal.  126;  167 
Fed.  681. 

Sec.  2323.  Where  a  tunnel  is  run  for  the  development  of  a 
vein  or  lode,  or  for  the  discovery  of  mines,  the  owners  of  such 
tunnel  shall  have  the  right  of  possession  of  all  veins  or  lodes 
within  three  thousand  feet  from  the  face  of  such  tunnel  on  the 
line  thereof,  not  previously  known  to  exist,  discovered  in  such 
tunnel,  to  the  same  extent  as  if  discovered  from  the  surface  and 
locations  on  the  line  of  such  tunnel  of  veins  or  lodes  not  ap- 
pearing on  the  surface,  made  by  other  parties  after  the  com- 
mencement of  the  tunnel,  and  while  the  same  is  being  prose- 
cuted with  reasonable  diligence,  shall  be  invalid,  but  failure  to 
prosecute  the  work  on  the  tunnel  for  six  months  shall  be  con- 
sidered as  an  abandonment  of  the  right  to  all  undiscovered 
veins  on  the  line  of  such  tunnel. 

4  Cal.  507;  127  U.  S.  481;  182  U.  S.  500;  167  U.  S.  116;  143 
U.  S.  405. 

Sec.  2324.  The  miners  of  each  mining  district  may  make 
regulations  not  in  conflict  with  the  laws  of  the  United  States, 
or  with  the  laws  of  the  State  or  Territory  in  which  the  district 
is  situated,  governing  the  location,  manner  of  recording, 
amount  of  work  necessary  to  hold  possession  of  a  mining  claim, 
subject  to  the  following  requirements :  The  location  must  be 
distinctly  marked  on  the  ground  so  that  its  boundaries  can  be 
readily  traced.  All  records  of  mining  claims  hereafter  made 
shall  contain  the  name  or  names  of  the  locators,  the  date  of  the 
location,  and  such  a  description  of  the  claim  or  claims  located 
by  reference  to  some  natural  object  or  permanent  monument  as 
will  identify  the  claim.  On  each  claim  located  after  the  tenth 
day  of  May,  eighteen  hundred  and  seventy-two,  and  until  a 
patent  has  been  issued  therefor,  not  less  than  one  hundred  dol- 
lars' worth  of  labor  shall  be  performed  or  improvements  made 
during  each  year. 

On  all  claims  located  prior  to  the  tenth  day  of  May,  eighteen 
hundred  and  seventy-two,  ten  dollars'  worth  of  labor  shall  be 
performed  or  improvements  made  by  the  tenth  day  of  June, 
eighteen  hundred  and  seventy-four,  and  each  year  thereafter, 


8  MINING  LAWS  OP  THE  UNITED  STATES 

for  each  one  hundred  feet  in  length  along  the  vein,  until  a 
patent  has  been  issued  therefor;  but  where  such  claims  are 
held  in  common,  such  expenditure  may  be  made  upon  any  one 
claim;  and  upon  a  failure  to  comply  with  these  conditions,  the 
claim  or  mine  upon  which  such  failure  occurred  shall  be  open 
to  relocation  in  the  same  manner  as  if  no  location  of  the  same 
had  ever  been  made,  provided  that  the  original  locators,  their 
heirs,  assigns,  or  legal  representatives,  have  not  resumed  work 
upon  the  claim  after  failure  and  before  such  location. 

Upon  the  failure  of  any  one  of  several  co-owners  to  con- 
tribute his  proportion  of  the  expenditures  required  hereby,  the 
co-owners  who  have  performed  the  labor  or  made  the  improve- 
ments may,  at  the  expiration  of  the  year,  give  such  delinquent 
co-owner  personal  notice  in  writing  or  notice  by  publication  in 
the  newspaper  published  nearest  the  claim,  for  at  least  once  a 
week  for  ninety  days,  and  if  at  the  expiration  of  ninety  days 
after  such  notice  in  writing  or  by  publication  such  delinquent 
should  fail  or  refuse  to  contribute  his  proportion  of  the  expendi- 
ture required  by  this  section,  his  interest  in  the  claim  shall  be- 
come the  property  of  his  co-owners  who  have  made  the  required 
expenditures. 

Tunnel  Amendment,  February  11,  1875. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of 
the  United  States  of  America  in  congress  assembled,  that  sec- 
tion two  thousand,  three  hundred  and  twenty-four  of  the  Re- 
vised Statutes  be,  and  the  same  is  hereby,  amended  so  that 
where  a  person  or  company  has  or  may  run  a  tunnel  for  the 
purpose  of  developing  a  lode  or  lodes,  owned  by  said  person 
or  company,  the  money  so  expended  in  said  tunnel  shall  be 
taken  and  considered  as  expended  on  said  lode  or  lodes,  wheth- 
er located  prior  to  or  since  the  passage  of  said  act ;  and  such 
person  or  company  shall  not  be  required  to  perform  work  on 
the  surface  of  said  lode  or  lodes  in  order  to  hold  the  same  as 
required  by  said  act.  (18  Stats,  at  Large,  page  315,  chap.  41.) 
Amendment  of  January  22,  1880. 

1  i  Provided,  That  the  period  within  which  the  work  required 
to  be  done  annually  on  all  unpatented  mineral  claims  shall  com- 
mence on  the  first  day  of  January  succeeding  the  date  of  loca- 
tion of  such  claim,  and  this  section  shall  apply  to  all  claims  lo- 
cated since  the  tenth  day  of  May,  Anno  Domini  eighteen  hun- 
dred and  seventy-two."    (21  Stats,  at  Large,  page  61,  chap.  9.) 
Marking  Location— 53  Cal.  149;  59  Gal.  614;  119  Fed.  55; 
152  U.  S.  227;  116  U.  S.  418;  113  Cal.  550;  158  U.  S.  441; 
130  U.  S.  291;  14  Cal.  App.  60;  48  Ore.  112. 
Time  to  Mark  Boundaries— 93  Fed.  611;  115  F.  R.  531; 
129  Cal.  483;  137  Cal.  211. 

Permanent  Monument— 158  U.  S.  441;  137  Cal.  212;  130 
U.  S.  291;  67  Pac.  955;  129  Cal.  436. 


MINING  LAWS  OF  THE  UNITED  STATES  9 

Notice  of  Location— 129  Cal.  350;  123  F.  K.  209;  160  U.  S. 

318;  25  F.  E.  596;  113  U.  S.  534;  111  U.  S.  356;  183  U  S. 

563 ;  134  F.  E.  610 ;  40  Mont.  282 ;  207  U.  S.  1. 
One  Hundred  Dollars  Labor— 125  F.  E.  147 ;  97  F.  E.  386 ; 

27  Cal.  501;  127  F.  E.  611;  132  Cal.  56;  111  U.  S.  353. 

On  one  for  more— 109  U.  S.  440;  114  Cal.  100;  30  Cal. 

431;  104  U.  S.  636;  145  U.  S.  428;  11  F.  E.  677;  24  Mont. 

243;  11  Utah  328;  75  Pac.  919;  133  Cal.  510;  130  U.  S. 

292;  65  Cal.  555;  158  Fed.  667;  164  Fed.  397;  15  Cal. 

App.  714. 
Forfeiture  to  Co-owner— 194  U.  S.  248 ;  150  U.  S.  585 ;  17 

Colo.  243;  173  Fed.  895;  177  Fed.  172. 
Eecording  Notice— 129  Cal.  361;  144  U.  S.  658;  117  U.  S. 

401;  16  Utah  103;  99  U.  S.  261;  29  F.  E.  814. 
Eelocation— 65  Cal.  605;  171  U.  S.  77;  129  Cal.  350;  58 

F.  E.  295;  24  Utah  73;  104  U.  S.  279;  82  F.  E.  554; 

65  Cal.  555;  181  U.  S.  269;  18  Utah  183;  75  Cal.  284; 

134  F.  E.  610;  13  Ariz.  331;  96  Pac.  679. 
Generally— 60  Cal.  631;  175  U.  S.  571;  17  Cal.  107;  14 

Cal.  App.  60. 

Sec.  2325.  (Patents  for  Mineral  Lands,  how  obtained).  A 
patent  for  any  land  claimed  and  located  for  valuable  deposits 
may  be  obtained  in  the  following  manner:  Any  person,  asso- 
ciation, or  corporation  authorized  to  locate  a  claim  under  this 
chapter,  having  claimed  and  located  a  piece  of  land  for  such 
purposes,  who  has,  or  have  complied  with  the  terms  of  this 
chapter,  may  file  in  the  proper  land  office  an  application  for  a 
patent,  under  oath,  showing  such  compliance,  together  with  a 
plat  and  field  notes  of  the  claim  or  claims  in  common,  made 
by  or  under  the  direction  of  the  United  States  surveyor-general, 
snowing  accurately  the  boundaries  of  the  claim  or  claims,  which 
shall  be  distinctly  marked  by  monuments  on  the  ground,  and 
shall  post  a  copy  of  such  plat,  together  with  a  notice  of  such 
application  for  a  patent,  in  a  conspicuous  place  on  the  land  em- 
braced in  such  plat  previous  to  the  filing  of  the  application  for 
a  patent,  and  shall  file  an  affidavit  of  at  least  two  persons  that 
such  notice  has  been  duly  posted,  and  shall  file  a  copy  of  the 
notice  in  such  land  office,  and  shall  thereupon  be  entitled  to  a 
patent  for  the  land,  in  the  manner  following:  The  register  of 
the  land  office,  upon  the  filing  of  such  application,  plat,  field- 
notes;  notices  and  affidavits,  shall  publish  a  notice  that  such  ap- 
plication has  been  made,  for  the  period  of  sixty  days,  in  a 
newspaper  to  be  by  him  designated  as  published  nearest  to  such 
claim;  and  he  shall  also  post  such  notice  in  his  office  for  the 
same  period.  The  claimant  at  the  time  of  filing  this  applica- 
tion, or  at  any  time  thereafter  within  the  sixty  days  of 
publication,  shall  file  with  the  register  a  certificate  of  the  Unit- 
ed States  surveyor-general  that  five  hundred  dollars'  worth  of 
labor  has  been  expended  or  improvements  made  upon  the  claim 


10  MINING  LAWS  OP  THE  UNITED  STATES 

by  himself  or  grantors;  that  the  plat  is  correct,  with  such 
further  description  by  such  reference  to  natural  objects  or  per- 
manent monuments  as  shall  identify  the  claim,  and  furnish  an 
accurate  description,  to  be  incorporated  in  the  patent.  At  the 
expiration  of  the  sixty  days  of  publication  the  claimant  shall 
file  his  affidavit,  showing  that  the  plat  and  notice  have  been 
posted  in  a  conspicuous  place  on  the  claim  during  such  period 
of  publication.  If  no  adverse  claim  shall  have  been  filed  with 
the  register  and  the  receiver  of  the  proper  land  office  at  the 
expiration  of  the  sixty  days  of  publication,  it  shall  be  assumed 
that  the  applicant  is  entitled  to  a  patent ;  upon  the  payment  to 
the  proper  officer  of  five  dollars  per  acre,  and  that  no  adverse 
claim  exists;  and  thereafter  no  objection  from  third  parties  to 
the  issuance  of  a  patent  shall  be  heard,  except  it  be  shown  that 
the  applicant  has  failed  to  comply  with  the  terms  of  this  chap- 
ter. Provided,  That  where  the  claimant  for  a  patent  is  not  a 
resident  of  or  within  the  land  district  wherein  the  vein,  lode, 
ledge  or  deposit  sought  to  be  patented  is  located,  the  applica- 
tion for  patent  and  the  affidavits  required  to  be  made  in  this 
section  by  the  claimant  for  such  patent  may  be  made  by  his, 
her,  or  its  authorized  agent,  where  said  agent  is  conversant 
with  the  facts  sought  to  be  established  by  said  affidavit.  And, 
Provided,  That  this  section  shall  apply  to  all  applications  now 
pending  for  patents  to  mineral  lands.  (R.  S.) 

24  Nev.  273;  74  Pac.  518;  135  U.  S.  298;  33  F.  R.  562;  150 
U.  S.  587 ;  85  F.  R.  485 ;  21  F.  R.  695 ;  194  U.  S.  233 ;  82 
F.  R.  697;  119  U.  S.  167;  167  U.  S.  115. 

Fraud— 128  U.  S.  676. 

Generally  on  this  Section— 171  U.  S.  56 ;  177  U.  S.  505 ;  188 

U.  S.  184;  13  Ariz.  42;  173  Fed.  895;  43  L.  D.  128. 
Sec.  910.  No  possessory  action  between  persons  in  any 
court  of  the  United  States  for  the  recovery  of  any  mining  title 
or  for  damages  to  any  such  title  shall  be  affected  by  the  fact 
that  the  paramount  title  to  the  land  in  which  such  mines  lie  is 
in  the  United  States;  but  each  case  shall  be  adjudged  by  the 
law  of  possession. 

104  U.  S.  283;  85  F.  R.  486;  122  F.  R.  784;  92  F.  R.  230; 

53  F.  R.  321 ;  117  Cal.  489 ;  24  Or.  265. 

Sec.  2326.  (Adverse  claim,  proceedings  on.)  Where  an  ad- 
verse claim  is  filed  during  the  period  of  publication,  it  shall  be 
upon  oath  of  the  person  or  persons  making  the  same,  and  shall 
show  the  nature,  boundaries,  and  extent  of  such  adverse  claim, 
and  all  proceedings,  except  the  publication  of  notice  and  mak- 
ing and  filing  of  the  affidavit  thereof,  shall  be  stayed  until  the 
controversy  shall  have  been  settled  or  decided  by  a  court  of 
competent  jurisdiction,  or  the  adverse  claim  waived.  It  shall 
be  the  duty  of  the  adverse  claimant,  within  thirty  days  after 
filing  his  claim,  to  commence  proceedings  in  a  court  of  compe- 
tent jurisdiction,  to  determine  the  question  of  the  right  of 


MINING  LAWS  OP  THE  UNITED  STATES  11 

possession,  and  prosecute  the  same  with  reasonable  diligence 
to  final  judgment;  and  a  failure  so  to  do  shall  be  a  waiver  of 
his  adverse  claim.  After  such  judgment  shall  have  been  ren- 
dered, the  party  entitled  to  the  possession  of  the  claim,  or  any 
portion  thereof,  may,  without  giving  further  notice,  file  a  cer- 
tified copy  of  the  judgment-roll  with  the  register  of  the  land 
office,  together  with  the  certificate  of  the  surveyor-general  that 
the  requisite  amount  of  labor  has  been  expended  or  improve- 
ments made  thereon,  and  the  description  required  in  other 
cases,  and  shall  pay  to  the  receiver  five  dollars  per  acre  for  his 
claim,  together  with  the  proper  fees,  whereupon  the  whole  pro- 
ceedings and  the  judgment-roll  shall  be  certified  by  the  register 
to  the  commissioner  of  the  general  land  office,  and  a  patent 
shall  issue  thereon  for  the  claim,  or  such  portion  thereof  as  the 
applicant  shall  appear,  from  the  decision  of  the  court,  to  rightly 
possess.  If  it  appears  from  the  decision  of  the  court  that  sev- 
eral parties  are  entitled  to  separate  and  different  portions  of 
the  claim,  each  party  may  pay  for  his  portion  of  the  claim, 
with  the  proper  fees,  and  file  the  certificate  and  description  by 
the  surveyor-general,  whereupon  the  register  shall  certify  the 
proceedings  and  judgment-roll  to  the  commissioner  of  the 
general  land  office,  as  in  the  preceding  case,  and  patents  shall 
issue  to  the  several  parties  according  to  their  respective  rights. 
Nothing  herein  contained  shall  be  construed  to  prevent  the 
alienation  of  the  title  conveyed  by  a  patent  for  a  mining-claim 
to  any  person  whatever.  (R.  S.) 

180  U.  S.  534;  177  U.  S.  534;  175  U.  S.  579;  177  U.  S.  513; 

157  U.  S.  694;  114  Cal.  100;  114  U.  S.  585;  119  U.  S.  485; 

163  U.  S.  165;  123  F.  R.  936;  67  Pac.  724;  95  F.  R.  213; 

83  Cal.  300;  129  Cal.  480;  119  U.  S.  485;  109  U.  S.  440; 

107  U.  S.  401;  57  Pac.  641;  111  U.  S.  350;  13  Ariz.  42; 

14  Cal.  App.  642;  102  Pac.  1072;  17  Idaho  321. 
(Act  of  March  3,  1881,  ch.  140,  21  Stat.  L.  505.) 
(Findings  by  Jury — Costs.)  That,  if  in  any  action  brought 
pursuant  to  section  twenty-three  hundred  and  twenty-six  of 
the  Revised  Statutes,  title  to  the  ground  in  controversy  shall 
not  be  established  by  either  party,  the  jury  shall  so  find,  and 
judgment  shall  be  entered  according  to  the  verdict.  In  such 
case  costs  shall  not  be  allowed  to  either  party,  and  the  claim- 
ant shall  not  proceed  in  the  land-office  or  be  entitled  to  a  pat- 
ent for  the  ground  in  controversy  until  he  shall  have  perfected 
his  title. 

(Act  of  April  26,  1882,  ch.  106,  22  Stat.  L.  49.) 
Sec.  1.  (Oath  of  Claimant,  Before  Whom  Made.)  That 
the  adverse  claim  required  by  section  twenty-three  hundred 
and  twenty-six  of  the  Revised  Statutes  may  be  verified  by  the 
oath  of  any  duly-authorized  agent  or  attorney-in-fact  of  the 
adverse  claimant  cognizant  of  the  facts  stated;  and  the  ad- 
verse claimant,  if  residing  or  at  the  time  being  beyond  the  lim- 


12  MINING  LAWS  OF  THE  UNITED  STATES 

its  of  the  district,  wherein  the  claim  is  situated,  may  make 
oath  to  the  adverse  claim  before  the  clerk  of  any  court  of 
record  of  the  United  States  or  of  the  state  or  territory  where 
the  adverse  claimant  may  then  be,  or  before  any  notary  pub- 
lic of  such  state  or  territory. 

Sec.  2.  That  applicants  for  mineral  patents,  if  residing 
beyond  the  limits  of  the  district  wherein  the  claim  is  situated, 
may  make  any  oath  or  affidavit  required  for  proof  of  citizen- 
ship before  the  clerk  of  any  court  of  record,  or  before  any 
notary  public  of  any  State  or  Territory. 

Sec.  2327.  The  description  of  vein  or  lode  claims,  upon  sur- 
veyed lands,  shall  designate  the  location  of  the  claim  with  ref- 
erence to  the  lines  of  the  public  surveys,  but  need  not  conform 
therewith;  but  where  patents  have  been  or  shall  be  issued  for 
claims  upon  unsurveyed  lands,  the  surveyors-general,  in  ex- 
tending the  public  survey,  shall  adjust  the  same  to  the  bound- 
aries of  said  patented  claims  so  as  in  no  case  to  interfere  with 
or  change  the  true  location  of  such  claims  as  they  are  officially 
established  upon  the  ground.  Where  patents  have  issued  for 
mineral  lands,  those  lands  only  shall  be  segregated  and  shall 
be  deemed  to  be  patented  which  are  bounded  by  the  lines 
actually  marked,  defined,  and  established  upon  the  ground 
by  the  monuments  of  the  official  survey  upon  which  the  patent 
grant  is  based,  and  surveyors-general  in  executing  subsequent 
patent  surveys,  whether  upon  surveyed  or  unsurveyed  lands, 
shall  be  governed  accordingly.  The  said  monuments  shall  at 
all  times  constitute  the  highest  authority  as  to  what  land  is 
patented,  and  in  case  of  any  conflict  between  the  said  monu- 
ments of  such  patented  claims  and  the  descriptions  of  said 
claims  in  the  patents  issued  therefor  the  monuments  on  the 
ground  shall  govern,  and  erroneous  or  inconsistent  descrip- 
tions or  calls  in  the  patent  descriptions  shall  give  way 
thereto. 

Sec.  2328.  Concerns  applications  for  patents,  pending  prior 
to  May,  1872. 

Sec.  2329.  Claims  usually  called  " placers"  including  all 
forms  of  deposit,  excepting  veins  of  quartz,  or  other  rock  in 
place,  shall  be  subject  to  entry  and  patent,  under  like  circum- 
stances and  conditions,  and  upon  similar  proceedings,  as  are 
provided  for  vein  or  lode  claims;  but  where  the  lands  have 
been  previously  surveyed  by  the  United  States,  the  entry  in  its 
exterior  limits  shall  conform  to  the  legal  subdivisions  of  the 
public  lands. 

See  Gould  &  T.  3,  441. 

128  U.  S.  679 ;  196  U.  S.  119 ;  65  Cal.  40 ;  78  Cal.  595 ;  134 

Cal.  350;  13  Ariz.  331;  112  Pac.  172;  201  Fed.  830. 
What  Can  Be  Located  As  Placer.      (See,  also,   citations 

2330).    Stone,  oil,  salt  springs,  granite  quarries,  marble. 


MINING  LAWS  OF  THE  UNITED  STATER  13 

Clay,  and  Pumice  or  Volcanic  Ash  (Silica) — See  41  L.  D. 
584. 

(Act  of  August  4,  1892,  ch.  375,  27  Stat.  L.  348.) 

Sec.  1.  (Entry  of  building  stone  lands  under  placer  claims 
laws.)  That  any  person  authorized  to  enter  lands  under  the 
mining  laws  of  the  United  States  may  enter  lands  that  are 
chiefly  valuable  for  building  stone  under  the  provisions  of  the 
law  in  relation  to  placer  mineral  claims,  Provided,  That  lands 
reserved  for  the  benefit  of  the  public  schools  or  donated  to  any 
state  shall  not  be  subject  to  entry  under  this  act.  (27  Stat.  L. 
348.) 

(Note — See  case  of  Stanislaus  Elec.  Power  Co.,  41  L.D. 
655.) 

An  Act  extending  the  mining  laws  to  saline  lands. 

(Act  of  January  31,  1901,  ch.  186,  31  Stat.  L.  745.) 

(Entry  of  Saline  Lands  Under  Placer  Claims  Laws.)  That 
all  unoccupied  public  lands  of  the  United  States  containing 
salt  springs,  or  deposits  of  salt  in  any  form,  and  chiefly  valu- 
able therefor,  are  hereby  declared  to  be  subject  to  location 
and  purchase  under  the  provisions  of  the  law  relating  to  placer 
mining  claims.  Provided,  That  the  same  person  shall  not  lo- 
cate or  enter  more  than  one  claim  hereunder.  (31  Stat.  L.  745.) 

Sec.  2330.     Legal  subdivisions  of  forty  acres  may  be  sub- 
divided into  ten-acre  tracts,  and  two  or  more  persons,  or  asso- 
ciations of  persons,  having  contiguous  claims  of  any  size,  al- 
though such  claims  may  be  less  than  ten  acres  each,  may  make 
joint  entry  thereof;  but  no  location  of  a  placer  claim,  made 
after  the  ninth  day  of  July,  eighteen  hundred  and  seventy, 
shall  exceed  one  hundred  and  sixty  acres  for  any  one  person 
or  association   of  persons,   which   location    shall   conform  to 
the  United  States  surveys;  and  nothing  in  this  section  con- 
tained shall  defeat  or  impair  any  bona  fide  preemption  or  home- 
stead claim  upon  agricultural  lands,  or  authorize  the  sale  of  the 
improvements  of  any  bona  fide  settler  to  any  purchaser. 
104  U.  S.  636;  4  Sawyer  28;  104  U.  S.  653;  140  Cal.  440; 
14  Mont.  88;  171  Fed.  825;  177  Fed.  95;  187  Fed.  385; 
47  Colo.  263. 

Sec.  2331.  Where  placer  claims  are  upon  surveyed  lands, 
and  conform  to  legal  subdivisions,  no  further  survey  or  plat 
shall  be  required,  and  all  placer  mining  claims  located  after 
the  tenth  day  of  May,  eighteen  hundred  and  seventy-two,  shall 
conform  as  near  as  practicable  with  the  United  States  system 
of  public  lands  surveys,  and  the.  rectangular  subdivisions  of 
such  surveys,  and  no  such  location  shall  include  more  than 
twenty  acres  for  each  individual  claimant ;  -but  where  placer 
claims  cannot  be  conformed  to  legal  subdivisions,  survey  and 
plat  shall  be  made  as  on  unsurveyed  lands;  arid  where  by  the 
segregation  of  mineral  land  in  any  legal  subdivision  a  quantity 
of  agricultural  land  less  than  forty  acres  remains,  such  frac- 


14  MINING  LAWS  OF  THE  UNITED  STATES 

tional  portion  of  agricultural  land  may  be  entered  by  any  party 
qualified  by  law,  for  homestead  or  preemption  purposes. 
84  Cal.  415 ;  94  F.  K.  383 ;  78  Cal.  596 ;  40  L.  D.  401. 
(Note — A  corporation,  regardless  of  number  of  its  stock- 
holders, may  locate  only  20  acres  of  placer  ground,  the 
same  as  one  individual.     See  case    of    Stanislaus   Elec. 
Power  Co.,  41  L.  D.  655,  decided  Sept.  4,  1912.) 
Sec.  2332.     (What  evidence  of  possession,  etc.,  to  establish 
a  right  to  a  patent.)     Where  such  person  or  association,  they 
and  their  grantors,  have  held  and  worked  their  claims  for  a 
period  equal  to  the  time  prescribed  by  the  statute  of  limitations 
for  mining  claims  of  the  state  or  territory  where  the  same  may 
be  situated,  evidence  of  such  possession  and  working  of  the 
claims  for  such  period  shall  be  sufficient  to  establish  a  right 
to  a  patent  thereto  under  this  chapter,  in  the  absence  of  any 
adverse  claim;  but  nothing  in  this  chapter  shall  be  deemed  to 
impair  any  lien  which  may  have  attached  in  any  way  what- 
ever to  any  mining  claim  or  property  thereto  attached  prior  to 
the  issuance  of  a  patent. 

127  U.  S.  348;  104  U.  S.  279;  28  Colo.  364;  114  Cal.  105;  26 
Utah  1 ;  83  Cal.  296. 

Sec.  2333.  Where  the  same  person,  association,  or  corpora- 
tion is  in  possession  of  a  placer  claim,  and  also  a  vein  or  lode  in- 
cluded within  the  boundaries  thereof,  application  shall  be  made 
for  a  patent  for  the  placer  claim,  with  the  statement  that  it  in- 
cludes such  vein  or  lode,  and  in  such  case  a  patent  shall  issue 
for  the  placer  claim,  subject  to  the  provisions  of  this  chapter, 
including  such  vein  or  lode  upon  the  payment  of  five  dollars  per 
acre  for  such  vein  or  lode  claim,  and  twenty-five  feet  of  surface 
on  each  side  thereof.  The  remainder  of  the  placer  claim,  or  any 
placer  claim  not  embracing  any  vein  or  lode  claim,  shall  be 
paid  for  at  the  rate  of  two  dollars  and  fifty  cents  per  acre,  to- 
gether with  all  costs  of  proceedings ;  and  where  a  vein  or  lode, 
such  as  is  described  in  section  twenty-three  hundred  and  twen- 
ty, is  known  to  exist  within  the  boundaries  of  a  placer  claim,  an 
application  for  a  patent  for  such  placer  claim  which  does  not  in- 
clude an  application  for  the  vein  or  lode  claim  shall  be  con- 
strued as  a  conclusive  declaration  that  the  claimant  of  the 
placer  claim  has  no  right  of  possession  of  the  vein  or  lode  claim ; 
but  where  the  existence  of  a  vein  or  lode  in  a  placer  claim  is 
not  known,  a  patent  for  the  placer  claim  shall  convey  all  valu- 
able mineral  and  other  deposits  within  the  boundaries  there- 
of. See  G.  &  T.  3,  441 ;  116  U.  S.  687-696 ;  124  U.  S.  348 ;  109 

'  U.  S.  550;  128  U.  S.  673;  100  U.  S.  37;  132  U.  S.  262; 
127  U.  S.  353;  124  U.  S.  383;  143  U.  S.  400;  134  Cal.  350; 
135  U.  S.  292;  75  Pac.  420;  149  Cal.  603;  158  Cal.  559; 
157  Fed.  203. 


MINING  LAWS  OF  THE  UNITED  STATES  15 

LOCATION  OP  OIL  AND  GAS  CLAIMS. 

These  are  placer  claims.  See  sections  2329  to  2333  U.  S. 
Statutes,  page  12. 

An  Act  authorizing  entry  of  petroleum  or  other  mineral  oil 
lands  under  placer  claim  laws. 

That  any  person  authorized  to  enter  lands  under  the  min- 
ing laws  of  the  United  States  may  enter  and  obtain  patents 
to  lands  containing  petroleum  or  other  mineral  oils,  and  chiefly 
valuable  therefor,  under  the  provisions  of  the  laws  relating  to 
placer  mineral  claims.  Provided,  That  lands  containing  such 
petroleum  or  other  mineral  oils  which  have  heretofore  been 
filed  upon,  claimed,  or  improved  as  mineral,  but  not  yet  pat- 
ented, may  be  held  and  patended  under  the  provisions  of  this 
Act  the  same  as  if  such  filing,  claim  or  improvement  were  sub- 
sequent to  the  date  of  the  passage  hereof.  (29  Stat.  L.  526.) 
Approved  Feb.  11,  1897. 

An  Act  defining  what  shall  constitute  Assessments  on  Oil 
Mining  Claims.  (Act  of  February  12,  1903,  ch.  548,  32  Stat. 
L.  825.) 

(Assessments  required  for  Oil  Mining  Claims.)  That  where 
oil  lands  are  located  under  the  provisions  of  title  thirty-two, 
chapter  six,  Revised  Statutes  of  the  United  States,  as'  placer 
mining  claims,  the  annual  assessment  labor  upon  such  claims 
may  be  done  upon  any  one  of  a  group  of  claims  lying  con- 
tiguous and  owned  by  the  same  person  or  corporation,  not 
exceeding  five  claims  in  all :  Provided,  That  said  labor  will  tend 
to  the  development  or  to  determine  the  oil-bearing  character 
of  such  contiguous  claims. 

An  Act  to  authorize  the  President  of  the  United  States  to 
make  withdrawals  of  public  lands  in  certain  cases. 
(Known  as  Pickett  Bill.) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
President  may,  at  any  time  in  his  discretion,  temporarily  with- 
draw from  settlement,  location,  sale,  or  entry  any  of  the  pub- 
lic lands  of  the  United  States  including  the  District  of  Alaska 
and  reserve  the  same  for  water-power  sites,  irrigation,  classi- 
fication of  lands,  or  other  public  purposes  to  be  specified  in 
the  orders  of  withdrawals,  and  such  withdrawals  or  reserva- 
tions shall  remain  in  force  until  revoked  by  him  or  by  an  Act 
of  Congress. 

Sec.  2.  That  all  lands  withdrawn  under  the  provisions  of 
this  Act  shall  at  all  times  be  open  to  exploration,  discovery, 
occupation,  and  purchase,  under  the  mining  laws  of  the  United 
States,  so  far  as  the  same  apply  to  minerals  other  than  coal, 
oil,  gas,  and  phosphates:  Provided,  That  the  rights  of  any 
person  who,  at  the  date  of  any  order  of  withdrawal  hertofore 
or  hereafter  made,  is  a  bona  fide  occupant  or  claimant  of  oil 


16  MINING  LAWS  OF  THE  UNITED  STATES 

or  gas  bearing  lands,  and  who,  at  such  date,  is  in  diligent  prose- 
cution of  work  leading  to  discovery  of  oil  or  gas,  shall  not 
be  affected  or  impaired  by  such  order,  so  long  as  such  occupant 
or  claimant  shall  continue  in  diligent  prosecution  of  said  work : 
And  provided  further,  That  this  Act  shall  not  be  construed 
as  a  recognition,  abridgment,  or  enlargement  of  any  asserted 
rights  or  claims  initiated  upon  any  oil  or  gas  bearing  lands 
after  any  withdrawal  of  such  lands  made  prior  to  the  passage 
of  this  Act:  And  provided  further,  That  there  shall  be  ex- 
cepted  from  the  force  and  effect  of  any  withdrawal  made  under 
the  provisions  of  this  Act  all  lands  which  are,  on  the  date  of 
such  withdrawal,  embraced  in  any  lawful  homestead  or  desert- 
land  entry  theretofore  made,  or  upon  which  any  valid  settle- 
ment has  been  made  and  is  at  said  date  being  maintained  and 
perfected  pursuant  to  law;  but  the  terms  of  this  proviso  shall 
not  continue  to  apply  to  any  particular  tract  of  land  unless 
the  entry  man  or  settler  shall  continue  to  comply  with  the  law 
under  which  the  entry  or  settlement  was  made :  And  provided 
further,  That  hereafter  no  forest  reserve  shall  be  created,  nor 
shall  any  additions  be  made  to  one  heretofore  created  within 
the  limits  of  the  States  of  Oregon,  Washington,  Idaho,  Mon- 
tana, Colorado,  or  Wyoming,  except  by  Act  of  Congress. 

Sec,  3.  That  the  Secretary  of  the  Interior  shall  report  all 
such  withdrawals  to  Congress  at  the  beginning  of  its  next  regu- 
lar session  after  the  date  of  the  withdrawals. 

Approved,  June  25,  1910. 

Case  of  Bakersfield  Fuel  and  Oil  Co. 

(Decided  January  19,  1911.  See  also  black  type,  page  18.) 
Placer  Location — Oil  Lands — Transferee. 

A  placer  location  of  oil  lands  for  160  acres,  made  by  eight 
persons  and  subsequently  transferred  to  a  single  individual, 
invalid  because  not  preceded  by  discovery,  can  not  be  per- 
fected by  the  transferee  upon  a  subsequent  discovery  to  the 
full  area  so  located,  but  only  as  to  twenty  acres  thereof. 
Corporation — Regarded  as  Entity  in  Acquiring  Public  Lands. 

A  corporation  in  acquiring  title  under  the  public  land  laws 
must  be  regarded  as  an  entity,  with  no  greater  right  than  an 
individual. 
Discovery — Prerequisite  to  Initiation  of  Title. 

Discovery  of  mineral  is  an  essential  prerequisite  to  initiation 
of  title  under  the  mining  laws. 
Discovery  Subsequent  to  Location — Doctrine  of  Relation. 

While  discovery  of  mineral  subsequent  to  location  of  a  min- 
ing claim  is  sometimes  held  by  the  land  department  to  relate 
back  to  the  date  of  location,  where  there  was  no  precedent  dis- 
covery, the  doctrine  of  relation  can  not  be  invoked  to  the  dis- 
advantage of  intervening  adverse  claims  nor  to  permit  any  one 


MINING  LAWS  OF  THE  UNITED  STATES  17 

to  secure  more  land  by  indirect    means    than    may    be    done 
directly. 

Appellant  relies  upon  the  case  of  Miller  v.  Chrisman  (140 
Cal.,  140),  in  which  the  Supreme  Court  of  California  clearly  de- 
cided adverse  to  the  doctrine  of  the  Yard  Case.  While  the 
Department  has  great  respect  for  the  decisions  of  the  state 
courts,  it  does  not  feel  bound  to  follow  them  at  all  times.  The 
case  of  Miller  v.  Chrisman  was  carried  to  the  Supreme  Court 
of  the  United  States  and  there  affirmed  (197  U.  S.,  313).  A 
careful  and  critical  examination  of  the  opinion  of  the  Supreme 
Court  of  the  United  States  convinces  the  Department  that  that 
court  did  not  intend  to  and  did  not  adopt  the  doctrine  laid 
down  by  the  Supreme  Court  of  California.  There  is  no  sug- 
gestion in  the  opinion  that  would  warrant  any  such  conclusion. 
It  turned  upon  another  point,  that  the  intervener  had  not  made 
such  a  discovery  as  would  entitle  him  to  protection.  We 
do  not  regard  it  as  an  authority  in  the  case  at  bar. 

An  Act  to  protect  the  locators  in  good  faith  of  oil  and  gas 
lands  who  shall  have  effected  an  actual  discovery  of  oil  or  gas 
on  the  public  lands  of  the  United  States,  or  their  successors 
in  interest. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  in 
no  case  shall  patent  be  denied  to  or  for  any  lands  heretofore  lo- 
cated or  claimed  under  the  mining  laws  of  the  United  States 
containing  petroleum,  mineral  oil,  or  gas  solely,  because  of  any 
transfer  or  assignment  thereof  or  of  any  interest  or  interests 
therein  by  the  original  locator  or  locators,  or  any  of  them,  to 
any  qualified  persons  or  person,  or  corporation,  prior  to  dis- 
covery of  oil  or  gas  therein,  but  if  such  claim  is  in  all  other 
respects  valid  and  regular,  patent  therefor  not  exceeding  one 
hundred  and  sixty  acres  in  any  one  claim  shall  issue  to  the 
holder  or  holders  thereof,  as  in  other  cases:  Provided,  however, 
That  such  lands  were  not  at  the  time  of  inception  of  develop- 
ment on  or  under  such  claim  withdrawn  from  mineral  entry. 

Approved,  March  2,  1911. 

(Corporation  can  locate  only  20  acres  same  as  one  indi- 
vidual.   See  40  L.  D.  401;  41  L.  D.  655.) 

OIL  AND  PHOSPHATE  LANDS— AGRICULTURAL  ENTRY. 

AN  ACT  to  provide  for  agricultural  entry  of  lands  withdrawn, 
classified,  or  reported  as  containing  phosphate,  nitrate, 
potash,  oil,  gas,  or  asphaltic  minerals. 

(39  U.  S.  Stat.  509— July  17,  1914). 

Be  it  enacted,  etc.,  That  lands  withdrawn  or  classified  as 
phosphate,  nitrate,  potash,  oil,  gas,  or  asphaltic  minerals,  or 
which  are  valuable  for  those  deposits,  shall  be  subject  to  ap- 


18  MINING  LAWS  OP  THE  UNITED  STATES 

propriation,  location,  selection,  entry,  or  purchase,  if  other- 
wise available,  under  the  non-mineral  land  laws  of  the  United 
States,  whenever  such  location,  selection,  entry,  or  purchase 
shall  be  made  with  a  view  of  obtaining  or  passing  title  with  a 
reservation  to  the  United  States  of  the  deposits  on  account  of 
which  the  lands  were  withdrawn  or  classified  or  reported  as 
valuable,  together  with  the  right  to  prospect  for,  mine,  and 
remove  the  same;  but  no  desert  entry  made  under  the  pro- 
visions of  this  act  shall  contain  more  than  160  acres :  Provided, 
That  all  applications  to  locate,  select,  enter,  or  purchase  under 
this  section  shall  state  that  the  same  are  made  in  accordance 
with  and  subject  to  the  provisions  and  reservations  of  this  act. 
Section  2.  That  upon  satisfactory  proof  of  full  compliance 
with  the  provisions  of  the  laws  under  which  the  location,  se- 
lection, entry,  or  purchase  is  made,  the  locator,  selector,  entry- 
man,  or  purchaser  shall  be  entitled  to  a  patent  to  the  land 
located,  selected,  entered,  or  purchased,  which  patent  shall 
contain  a  reservation  to  the  United  States  of  the  deposits  on 
account  of  which  the  lands  so  patented  were  withdrawn  or 
classified  or  reported  as  valuable,  together  with  the  right  to 
prospect  for,  mine,  and  remove  the  same,  such  deposits  to  be 
subject  to  disposal  by  the  United  States  only  as  shall  be  here- 
after expressly  directed  by  law.  Any  person  qualified  to  ac- 
quire the  reserved  deposits  may  enter  upon  said  lands  with  a 
view  of  prospecting  for  the  same  upon  the  approval  by  the 
Secretary  of  the  Interior  of  a  bond  or  undertaking  to  be  filed 
with  him  as  security  for  the  payment  of  all  damages  to  the 
crops  and  improvements  on  such  lands  by  reason  of  such  pros- 
pecting, the  measure  of  any  such  damage  to  be  fixed  by  agree- 
ment of  parties  or  by  a  court  of  competent  jurisdiction.  Any 
person  who  has  acquired  from  the  United  States  the  title  to  or 
the  right  to  mine  and  remove  the  reserved  deposits,  should 
the  United  States  dispose  of  the  mineral  deposits  in  lands,  may 
re-enter  and  occupy  so  much  of  the  surface  thereof  as  may  be 
required  for  all  purposes  reasonably  incident  to  the  mining 
and  removal  of  the  imnerals  therefrom,  and  mine  and  remove 
such  minerals,  upon  payment  of  damages  caused  thereby  to 
the  owner  of  the  land,  or  upon  giving  a  good  and  sufficient 
bond  or  undertaking  therefor  in  an  action  instituted  in  any 
competent  court  to  ascertain  and  fix  said  damages :  Provided, 
That  nothing  herein  contained  shall  be  held  to  deny  or  abridge 
the  right  to  present  and  have  prompt  consideration  of  appli- 
cations to  locate,  select,  enter,  or  purchase,  under  the  land  laws 
of  the  United  States,  lands  which  have  been  withdrawn  or 
classified  as  phosphate,  nitrate,  potash,  oil,  gas,  or  asphaltic 
mineral  lands,  with  a  view  of  disproving  such  classification 
and  securing  patent  without  reservation,  nor  shall  persons 
who  have  located,  selected,  entered,  or  purchased  lands  subse- 
quently withdrawn,  or  classified  as  valuable  for  said  mineral 


MINING  LAWS  OF  THE  UNITED  STATES  19 

deposits,  be  debarred  from  the  privilege  of  showing,  at  any 
time  before  final  entry,  purchase,  or  approval  of  selection  or 
location,  that  the  lands  entered,  selected,  or  located  are  in 
fact  non-mineral  in  character. 

Sec.  3.  That  any  person  who  has,  in  good  faith,  located, 
selected,  entered,  or  purchased,  or  any  person  who  shall  here- 
after locate,  select,  enter,  or  purchase,  under  the  non-mineral 
land  laws  of  the  United  States,  any  lands  which  are  subse- 
quently withdrawn,  classified,  or  reported  as  being  valuable 
for  phosphate,  nitrate,  potash,  oil,  gas,  or  asphaltic  minerals, 
may,  upon  application  therefor,  and  making  satisfactory  proof 
of  compliance  with  the  laws  under  which  such  lands  are 
claimed,  receive  a  patent  therefor,  which  patent  shall  contain 
a  reservation  to  the  United  States  of  all  deposits  on  account 
of  which  the  lands  were  withdrawn,  classified,  or  reported  as 
being  valuable,  together  with  the  right  to  prospect  for,  mine, 
and  remove  the  same. 

OIL  AND  GAS  LANDS— LOCATORS  PROTECTED— 
AMENDMENT. 

AN  ACT  to  amend  an  Act  entitled,  "An  Act  to  protect  the 
locators  in  good  faith  of  oil  and  gas  lands  who  shall  have 
effected  an  actual  discovery  of  oil  or  gas  on  the  public 
lands  of  the  United  States,  or  their  successors  in  inter- 
est," approved  March  2,  1911. 

(39  U.  S.  Stat.  708— Aug.  25,  1914.) 

Be  it  enacted,  etc.,  That  an  act  entitled  "An  Act  to  pro- 
tect the  locators  in  good  faith  of  oil  and  gas  lands  who  shall 
have  effected  an  actual  discovery  of  oil  or  gas  on  the  public 
lands  of  the  United  States,  or  their  successors  in  interest,' 
approved  March  2,  1911,  be  amended  by  adding  thereto  the 
following  section: 

"Sec.  2.  That  where  applications  for  patents  have  been  or 
may  hereafter  be  offered  for  any  oil  or  gas  land  included  in 
an  order  of  withdrawal  upon  which  oil  or  gas  has  heretofore 
been  discovered,  or  is  being  produced,  or  upon  which  drilling 
operations  were  in  actual  progress  on  October  3,  1910,  and  oil 
or  gas  is  thereafter  discovered  thereon,  and  where  there  has 
been  no  final  determination  by  the  Secretary  of  the  Interior 
upon  such  applications  for  patent,  said  Secretary,  in  his  dis- 
cretion, may  enter  into  agreements,  under  such  conditions  as 
he  may  prescribe  with  such  applicants  for  patents  in  posses- 
sion of  such  land  or  any  portions  thereof,  relative  to  the  dis- 
position of  the  oil  or  gas  produced  therefrom  or  the  proceeds 
thereof,  pending  final  determination  of  the  title  thereto  by 
the  Secretary  of  the  Interior,  or  such  other  disposition  of  the 
same  as  may  be  authorized  by  law.  Any  money  which  may 
accrue  to  the  United  States  under  the  provisions  of  this  act 


20  MINING  LAWS  OP  THE  UNITED  STATES 

from  lands  within  the  Naval  petroleum  reserves  shall  be  set 
aside  for  the  needs  of  the  Navy  and  deposited  in  the  Treasury 
to  the  credit  of  a  fund  to  be  known  as  the  Navy  petroleum 
fund,  which  fund  shall  be  applied  to  the  needs  of  the  Navy 
as  Congress  may  from  time  to  time  direct,  by  appropriation 
or  otherwise." 

Sec.  2334.  (Surveyor-general  to  appoint  surveyors  of  min- 
ing claims,  etc.)  The  surveyor-general  of  the  United  States 
may  appoint  in  each  land  district  containing  mineral  lands  as 
many  competent  surveyors  as  shall  apply  for  appointment  to 
survey  mining  claims.  The  expenses  of  the  survey  of  vein  or 
lode  claims,  and  the  survey  and  subdivision  of  placer  claims 
into  smaller  quantities  than  one  hundred  and  sixty  acres,  to- 
gether with  the  cost  of  publication  of  notices,  shall  be  paid  by 
the  applicants,  and  they  shall  be  at  liberty  to  obtain  the  same 
at  the  most  reasonable  rates,  and  they  shall  also  be  at  liberty 
to.  employ  any  United  States  deputy  surveyor  to  make  the 
survey.  The  commissioner  of  the  general  land  office  shall  also 
have  power  to  establish  the  maximum  charges  for  surveys  and 
publication  of  notices  under  this  chapter;  and,  in  case  of  ex- 
cessive charges  for  publication,  he  may  designate  any  news- 
paper published  in  a  land-district  whore  mines  are  situated  for 
the  publication  of  mining-notices  in  such  district,  and  fix  the 
rates  to  be  charged  by  such  paper ;  and,  to  the  end  that  the  com- 
missioner may  be  fully  informed  on  the  subject,  each  applicant 
shall  file  with  the  register  a  sworn  statement  of  all  charges  and 
fees  paid  by  such  applicant  for  publication  and  surveys,  to- 
gether with  all  fees  and  money  paid  the  register  and  receiver 
of  the  land  office,  which  statement  shall  be  transmitted,  with 
the  other  papers  in  the  case,  to  the  commissioner  of  the  general 
land  office.  (R.  S.) 

Sec.  2335.  (Verification  of  Affidavits,  etc.)  All  affidavits 
required  to  be  made  under  this  chapter  may  be  verified  before 
any  officer  authorized  to  administer  oaths  within  the  land- 
district  where  the  claims  may  be  situated,  and  all  testimony 
and  proofs  may  be  taken  before  any  such  officer,  and,  when 
duly  certified  by  the  officer  taking  the  same,  shall  have  the 
same  force  and  effect  as  if  taken  before  the  register  and 
receiver  of  the  land  office.  In  cases  of  contest  as  to  the  mineral 
or  agricultural  character  of  land,  the  testimony  and  proofs  may 
be  taken  as  herein  provided  on  personal  notice  of  at  least  ten 
days  to  the  opposing  party;  or  if  such  party  cannot  be  found, 
then  by  publication  of  at  least  once  a  week  for  thirty  days  in 
a  newspaper  to  be  designated  by  the  register  of  the  land  office 
as  published  nearest  to  the  location  of  such  land ;  and  the  regis- 
ter shall  require  proof  that  such  notice  has  been  given.  (R.  S.) 
54  F.  R.  252;  44  F.  R.  800. 

Sec.  2336.  (Where  Veins  Intersect,  etc.)  Where  two  or 

\ 


MINING  LAWS  OF  THE  UNITED  STATES  21 

more  veins  intersect  or  cross  each  other,  priority  of  title  shall 
govern,  and  such  prior  location  shall  be  entitled  to  all  ore  or 
mineral  contained  within  the  space  of  intersection ;  but  the  sub- 
sequent location  shall  have  the  right  of  way  through  the  space 
of  intersection  for  the  purpose  of  the  convenient  working  of 
the  mine.  And  where  two  or  more  veins  unite,  the  oldest  or 
prior  location  shall  take  the  vein  below  the  point  of  union,  in- 
cluding all  the  space  of  intersection.  (R.  S.) 

159  U.  S.  658;  101  Cal.  358;  75  Cal.  78;  182  U.  S.  505;  27 
Colo.  16 ;  101  Cal.  361 ;  207  U.  S.  1. 

Sec.  2337.  Where  non-mineral  land  not  contiguous  to  the 
vein  or  lode  is  used  or  occupied  by  the  proprietor  of  such  vein 
or  lode  for  mining  or  milling  purposes,  such  non-adjacent  sur- 
face ground  may  be  embraced  and  included  in  an  application 
for  a  patent  for  such  vein  or  lode,  and  the  same  may  be 
patented  therewith,  subject  to  the  same  preliminary  require- 
ments as  to  survey  and  notice  as  are  applicable  to  veins  or 
lodes ;  but  no  location  hereafter  made  of  such  non-adjacent  land 
shall  exceed  five  acres,  and  payment  for  the  same  must  be  made 
at  the  same  rate  as  fixed  by  this  chapter  for  the  superficies  of 
the  lode.  The  owner  of  a  quartz  mill  or  reduction  works,  not 
owning  a  mine  in  connection  therewith,  may  also  receive  a 
patent  for  his  mill  site,  as  provided  in  this  section. 

133  Cal.  637;  28  Colo.  367;  17  Nev.  460;  79  F.  R.  890. 

Sec.  2338.  As  a  condition  of  sale,  in  the  absence  of  neces- 
sary legislation  by  congress,  the  local  legislature  of  any  State 
or  Territory  may  provide  rules  for  working  mines,  involving 
easements,  drainage  and  other  necessary  means  to  their  com- 
plete development ;  and  those  conditions  shall  be  fully  expressed 
in  the  patent. 

Ill  Cal.  577;  182  U.  S.  500;  73  Cal.  484. 

Sec.  2339.  Whenever,  by  priority  of  possession,  rights  to 
the  use  of  water  for  mining,  agricultural,  manufacturing,  or 
other  purposes,  have  vested  and  accrued,  and  the  same  are 
recognized  and  acknowledged  by  the  local  customs,  laws  and 
the  decisions  of  courts,  the  possessors  and  owners  of  such  vest- 
ed rights  shall  be  maintained  and  protected  in  the  same;  and 
the  right  of  way  for  the  construction  of  ditches  and  canals  for 
the  purposes  herein  specified  is  acknowledged  and  confirmed; 
but  whenever  any  person,  in  the  construction  of  any  ditch  or 
canal,  injures  or  damages  the  possession  of  any  settler  on  the 
public  domain,  the  party  committing  such  injury  or  damage 
shall  be  liable  to  the  party  injured  for  such  injury  or  damage. 

-      101  U.  S.  276;  174  U.  S.  704;  188  U.  S.  553;  175  U.  S.  571; 
50  Cal.  621;  26  Colo.  74;  133  Cal.  566;  39  Oregon  148; 
98  U.  S.  453. 
Sec.  2340.     All  patents  granted,  or  pre-emptions,   or  home- 


22  MINING  LAWS  OF  THE  UNITED  STATES 

steads  allowed,  shall  be  subject  to  any  vested  and  accrued 
water  rights,  or  rights  to  ditches  and  reservoirs  used  in  connec- 
tion with  such  water  rights,  as  may  have  been  acquired  under 
or  recognized  by  the  preceding  section. 

Sec.  2341.     Concerns  homesteads  upon  mineral  lands. 

Sec.  2342.  (How  Secretary  of  the  Interior  shall  set  apart 
mineral  lands  found  to  be  agricultural.) 

Sec.  2343.     (Concerns  establishment  of  land  districts.) 

Sec.  2346.  Exempts  mineral  lands  in  grants  to  corporations 
for  the  construction  of  railroads. 

MINING  CLAIMS  IN  FOREST  RESERVES. 

The  Congressional  act  of  June  4th,  1897,  provides  as  follows : 

"It  is  not  the  purpose  or  intent  of  these  provisions,  or  of  the 
act  providing  for  such  reservations,  to  authorize  the  inclusion 
therein  of  lands  more  valuable  for  the  mineral  therein,  or  for 
agricultural  purposes,  than  for  forest  purposes." 

And  in  the  same  act  it  is  provided : 

"Nor  shall  anything  herein  prohibit  any  person  from  enter- 
ing upon  such  forest  reservations  for  all  proper  and  lawful  pur- 
poses, including  that  of  prospecting,  locating  and  developing 
the  mineral  resources  thereof ;  provided,  that  such  persons  com- 
ply with  the  rules  and  regulations  covering  such  forest  reserva- 
tions." 

The  act  provides  for  the  restoration  to  the  public  domain  of 
tracts  more  valuable  for  mining  or  agricultural  purposes,  and 
then  proceeds : 

' '  And  any  mineral  lands  in  any  forest  reservation  which  have 
been  or  may  be  shown  to  be  such  and  subject  to  entry  under  the 
existing  mining  laws  of  the  United  States  and  the  rules  and 
regulations  applying  thereto,  shall  continue  to  be  subject  to 
such  location  and  entry  notwithstanding  any  provisions  herein 
contained. ' ' 

Under  these  statutes  it  is  now  held  by  the  land  department 
that  the  forest  reserves  are  open  to  the  location  of  mining 
claims.  There  can  be  no  doubt  of  the  meaning  of  congress  upon 
this  subject.  Lands  within  forest  reserves  are  subject  to  the 
operation  of  the  mining  laws. 

MILL  SITES. 

See  Section  2337  R.  S.  Ante.  For  Statutory  provisions. 

Mill  sites  are  located  by  posting  notice  and  staking  by  a  sub- 
stantial post  or  stake  at  each  angle,  which  ordinary  prudence 
would  require  to  be  inscribed  with  the  name  of  the  mill  site  and 
the  number  of  the  corner.  There  are  no  Congressional  regula- 
tions of  the  details  of  such  location,  but  their  record  should 


MINING  LAWS  OF  THE  UNITED  STATES  23 

conform  to  the  requirement  applicable  to  the  record  of  all 
classes  of  claims,  to-wit,  that  it  contain  a  sufficient  description 
by  reference  to  natural  objects  or  permanent  monuments ;  which 
terms  of  the  statute  are  no  more  than  a  statement  of  what  is 
required  as  a  matter  of  course  without  such  statute.  In  other 
words,  where  any  record  whatsoever  is  essential  to  either 
original  claim  or  conveyance,  it  must  contain  a  description  suffi- 
cient to  identify  the  land  intended  to  be  described. 

Post  location  notice  at  some  conspicuous  point  on  the  claim, 
in  substance  as  follows: 

MILL  SITE  LOCATION  NOTICE. 

I  claim  the mill  site  ( 

feet by feet )  as  staked  on  this  ground. 

Date  of  location 

(signature) 


And  make  record  in  the  proper  county  of  the 
Location  Certificate  of  Mill  Site. 

To  all  whom  these  presents  may  concern:  Know  ye  that  I, 

of ,  do  hereby  declare  and 

publish  as  a  legal  notice  to  all  the  world  that  I  have  a  valid 
right  to  the  occupation,  possession  and  enjoyment  of  all  and 
singular  that  tract  or  parcel  of  land,  not  exceeding  five  acres, 

situate,  lying  and  being  in  the Mining 

district,  in  the  County  of ,  in  the  State  of 

,  bounded  and  described  as  follows,  to-wit :  The 

mill  site,  beginning  at  corner.  No  one 

from  which. (description  continued)  to  the 

place  of  beginning. 

Together  with  all  and  singular  the  hereditaments  and  ap- 
purtenances thereunto  belonging  or  in  anywise  appertaining. 

Witness  my  hand  and  seal  this day  of 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and 

(signature)  (seal) 


State  of County  of 


Before  me,  the  subscriber,  a  notary  public  in  and  for  said 
county,  personally  appeared ,  to  me  person- 
ally known  to  be  the  same  person  described  in,  and  who  exe- 
cuted the  within  Location  Certificate  of  Mill  Site,  and  acknowl- 


24  MINING  LAWS  OF  THE  UNITED  STATES 

edged  that  he  signed,  sealed  and  published  the  same  as  his  free 
and  voluntary  act  and  deed  for  the  uses  and  purposes  therein 
set  forth. 

Witness  my  hand  and  notarial  seal,  this day  of 

,  19 ....     My  commission  expires 


(Seal)  Notary  Public. 

It  is  not  absolutely  necessary  that  the  mill  site  should  be 
named  to  comply  with  the  law,  but  it  would  be  found  very  in- 
convenient not  to  do  so.  The  location  of  a  mill  site  should  be 
followed  by  occupancy  or  improvement.  (10  Mining  Reports 
337.) 

A  plot  of  ground  containing  five  acres  is  equal  to 
466.69x466.69  feet  square.  To  hold  land  as  a  mill  site  it  must 
be  non-mineral,  non-contiguous  to  the  lode  and  must  be  actually 
used  or  kept  by  the  owner  for  mining  or  milling  purposes.  It 
may  be  used  for  boarding  houses  for  miners,  for  ore  houses  as 
well  as  for  mining  machinery. 

The  following  uses  will  hold  a  mill  site : 

1.  Building  thereon  a  pumping  plant  to  carry  water  to  the 
mine. 

2.  Storing  water  thereon  to  use  at  the  mine. 

3.  Using  the  land  to  store  ore  or  tailings. 

4.  Placing  boarding  houses  or  shops  thereon  for  workmen. 

5.  Use  as  a  ware-house  for  storing  tools. 

A  mill  site  can  not  be  patented  to  obtain  title  to  water  claim 
or  for  the  timber  that  is  on  it. 

$500.00  labor  on  a  lode  claim  is  sufficient  to  patent  both  lode 
and  mill  site  if  mill  site  is  actually  used  and  occupied. 

TIMBER. 

An  Act  authorizing  the  citizens  of  Colorado,  Nevada  and 
the  Territories  to  fell  and  remove  timber  on  the  public  domain 
for  mining  and  domestic  purposes.  Approved  June  3,  1878. 
(20  Stat.  L.,  88.) 

That  all  citizens  of  the  United  States  and  other  persons, 
bona  fide  residents  of  the  State  of  Colorado  or  Nevada,  or 
either  of  the  Territories  of  New  Mexico,  Arizona,  Utah,  Wyom- 
ing, Dakota,  Idaho  or  Montana,  and  all  other  mineral  districts 
of  the  United  States,  shall  be,  and  are  hereby  authorized  and 
permitted  to  fell  and  remove,  for  building,  agricultural,  min- 
ing, or  other  domestic  purposes,  any  timber  or  other  trees 
growing- or  being  on  the  public  lands,  said  lands  being  mineral, 
and  not  subject  to  entry  under  existing  laws  of  the  United 
States,  except  for  mineral  entry,  in  either  of  said  states,  terri- 
tories or  districts  of  which  such  citizens  or  persons  may  be  at 
the  time  bona  fide  residents,  subject  to  such  rules  and  regu- 
lations as  the  Secretary  of  the  Interior  may  prescribe  for  the 
protection  of  the  timber  and  of  the  undergrowth  growing  upon 


MINING  LAWS  OF  THE  UNITED  STATES  25 

such  lands,  and  for  other  purposes :  Provided,  the  provisions 
of  this  act  shall  not  extend  to  railroad  corporations. 

Sec.  2.  (Provides  that  registers  and  receivers  of  land  offices 
shall  ascertain  whether  timber  is  being  cut  for  other  purposes 
than  mentioned  above.) 

Sec.  3.  (This  section  provides  a  penalty  for  violation  of 
this  act.) 

MINING  ON  TOWN  SITES. 

An  Act  to  repeal  the  timber  culture  laws,  and  for  other  pur- 
poses. Approved  March  3,  1891.  (26  Stat.  L.,  1095.)  In  this 
act  may  be  found  the  following: 

Sec.  16.  That  town  site  entries  may  be  made  by  incorporated 
towns  and  cities  on  the  mineral  lands  of  the  United  States, 
but  no  title  shall  be  acquired  by  such  towns  or  cities  to  any 
vein  of  gold,  silver,  cinnabar,  copper  or  lead,  or  to  any  valid 
mining  claim  or  possession  held  under  existing  law.  When 
mineral  veins  are  possessed  within  the  limits  of  an  incor- 
porated town  or  city,  and  such  possession  is  recognized  by  local 
authority  or  by  the  laws  of  the  United  States,  the  titlr*  to  town 
lots  shall  be  subject  to  such  recognized  possession  and  the  nec- 
essary use  thereof,  and  when  entry  has  been  made  or  patent 
issued  for  such  town  sites  to  such  incorporated  town  or  city, 
the  possessor  of  such  mineral  vein  may  enter  and  receive  patent 
for  such  mineral  vein,  and  the  surface  ground  appertaining 
thereto :  Provided,  that  no  entry  shall  be  made  by  such 
mineral-vein  claimant  for  surface  ground  where  the  owner 
or  occupier  of  the  surface  ground  shall  have  had  possession 
of  the  same  before  the  inception  of  the  title  of  the  mineral-vein 
applicant. 

COAL  LANDS. 

Sec.  2347.  (Entry  of  Coal  Lands.)  Every  person  above 
the  age  of  twenty-one  years,  who  is  a  citizen  of  the  United 
States,  or  who  has  declared  his  intention  to  become  such,  or 
any  association  of  persons  severally  qualified  as  above,  shall, 
upon  application  to  the  register  of  the  proper  land  office,  have 
the  right  to  enter,  by  legal  subdivisions,  any  quantity  of  vacant 
coal  lands  of  the  United  States  not  otherwise  appropriated  or 
reserved  by  competent  authority,  not  exceeding  one  hundred 
and  sixty  acres  to  such  individual  person,  or  three  hundred 
and  twenty  acres  to  such  association,  upon  payment  to  the 
receiver  of  not  less  than  ten  dollars  per  acre,  for  such  lands, 
where  the  same  shall  be  situated  more  than  fifteen  miles  from 
any  completed  railroad,  and  not  less  than  twenty  dollars 
per  acre  for  such  lands  as  shall  be  within  fifteen  miles  of  such 
road.  (R.  S.) 

123  U.  S.  325;  137  U.  S.  169. 


26  MINING  LAWS  OF  THE  UNITED 

Sec.  2348.  (Pre-emption  of  Coal  Lands.)  Any  person  or 
association  of  persons  severally  qualified,  as  above  provided, 
who  have  opened  and  improved,  or  shall  hereafter  open  and 
improve,  any  coal  mine  or  mines  upon  the  public  lands,  and 
shall  be  in  actual  possession  of  the  same,  shall  be  entitled 
to  a  preference-right  of  entry,  under  the  preceding  section,  of 
the  mines  so  opened  and  improved.  Provided,  That  when  any 
association  of  not  less  than  four  persons,  severally  qualified  as 
above  provided,  shall  have  expended  not  less  than  five  thou- 
sand dollars  in  working  and  improving  any  such  mine  or 
mines,  such  association  may  enter  not  exceeding  six  hundred 
and  forty  acres,  including  such  mining  improvements.  (R.  S.) 
Pre-emption  Claims  of  Coal-Land  to  be  Presented  Within  Sixty 

Days,  etc. 

Sec.  2349.  All  claims  under  the  preceding  section  must  be 
presented  to  the  register  of  the  proper  land  district  within 
sixty  days  after  the  date  of  actual  possession  and  the  com- 
mencement of  improvements  on  the  land,  by  the  filing  of  a  de- 
claratory statement  therefor;  but  when  the  township  plat  is 
not  on  file  at  the  date  of  such  improvement,  filing  must  be 
made  within  sixty  days  from  the  receipt  of  such  plat  at  the  dis- 
trict office ;  and  where  the  improvements  shall  have  been  made 
prior  to  the  expiration  of  three  months  from  the  third  day  of 
March,  eighteen  hundred  and  seventy-three,  sixty  days  from 
the  expiration  of  such  three  months  shall  be  allowed  for  the 
filing  of  a  declaratory  statement,  and  no  sale  under  the  provis- 
ions of  this  section  shall  be  allowed  until  the  expiration  of  six 
months  from  the  third  day  of  March,  eighteen  hundred  and 
seventy-three.  (R.  S.) 

123  U.  S.  313. 
Only  One  Entry  Allowed. 

Sec.  2350.  The  three  preceding  sections  shall  be  held  to 
authorize  only  one  entry  by  the  same  person  or  association  of 
persons;  and  no  association  of  persons,  any  member  of  which 
shall  have  taken  the  benefit  of  such  sections,  either  as  an  in- 
dividual or  as  a  member  of  any  other  association,  shall  enter  or 
hold  any  other  lands  under  the  provisions  thereof ;  and  no  mem- 
ber of  any  association  which  shall  have  taken  the  benefit  of 
such  sections  shall  enter  or  hold  any  other  lands  under  their 
provisions;  and  all  persons  claiming  under  section  twenty- 
three  hundred  and  forty-eight  shall  be  required  to  prove  their 
respective  rights  and  pay  for  the  lands  filed  upon  within  one 
year  from  the  time  prescribed  for  filing  their  respective  claims ; 
and  upon  failure  to  file  the  proper  notice,  or  to  pay  for  the  land 
within  the  required  period,  the  same  shall  be  subject  to  entry 
by  any  other  qualified  applicant.  (R.  S.) 
Conflicting  Claims. 

Sec.  2351.     In  case  of    conflicting    claims    upon    coal-lands, 


MINING  LAWS  OF  THE  UNITED  STATES  27 

where  the  improvements  shall  be  commenced,  after  the  third 
day  of  March,  eighteen  hundred  and  seventy-three,  priority  of 
possession  and  improvement,  followed  by  proper  filing  and  con- 
tinued good  faith,  shall  determine  the  preference-right  to 
purchase.  And  also  where  improvements  have  already  been 
made  prior  to  the  third  day  of  March,  eighteen  hundred  and 
seventy-three,  division  of  the  land  claimed  may  be  made  by 
legal  subdivisions,  to  include,  as  near  as  may  be,  the  valuable 
improvements  of  the  respective  parties.  The  commissioner  of 
the  general  land  office  is  authorized  to  issue  all  needful  rules 
and  regulations  for  carrying  into  effect  the  provisions  of  this 
and  the  four  preceding  sections. 

80  F.  R.  429;  44  F.  E.  800. 
An  Act  to  Provide  for  Agricultural  Entries  on  Coal  Lands. 

This  Act  provides  that  entries  may  be  made  on  public  lands 
containing  coal,  except  Alaska,  under  homestead  laws,  desert 
land  laws,  Carey  Act,  etc.,  with  reservation  of  the  coal  by  the 
United  States  and  that  the  coal  may  be  prospected  for  and  re- 
moved under  directions  and  rules  made  by  the  Secretary  of 
the  Interior.  Approved  June  22,  1910. 

(This  Act  is  too  long  for  this  book,  but  can  be  found  in  the  Session 
Laws  of  the  Sixty-first  Congress,  Part  2.) 

Note — Call  at  local  U.  S.  land  office,  or  write  to  "  Commissioner  Gen- 
eral Land  Office,  Washington,  D.  C. "  for  pamphlet  on  proceeding  and 
forms  to  enter  Coal  Lands. 

BUREAU  OF  MINES. 

An  Act  to  Establish  in  the  Department  of  the  Interior  a  Bureau 
of  Mines.    Approved  May  16,  1910. 

This  Act  in  full  can  be  found  in  Acts  of  Sixty-first  Congress 
of  the  United  States,  part  2,  at  page  369  et  seq.  It  gives  the 
law  establishing  this  Bureau,  who  its  officers  are  and  their 
duties.  Too  long  for  this  book. 

TUNNEL  SITES. 

(For  Law  on  Tunnel  Rights,  see  Sections  2323,  2324.) 
LOCATION  CERTIFICATE  OF  TUNNEL. 

To  All  Whom  These  Presents  May  Concern: 

Know  ye,  that  I, ,  a  citizen  of  the 

United  States,  of ,  county  of , 

state  of ,  do  hereby  declare  and  publish 

as  a  legal  notice  to  all  the  world  that  I  have  a  valid  right  to  the 

occupancy,  possession  and  enjoyment  of  the Tunnel  and 

Tunnel  Site,  located ,  A.  D.  19. . .,  for  the  discovery  of 

mines  and  the  development  of  lodes,  and  situate  in 

mining  district,  county,  state  of 

,  described  as  follows,  to-wit : 

Mouth  of  tunnel  situate 

Size  of  tunnel   . 


28  MINING  LAWS  OF  THE  UNITED  STATES 

Course  of  tunnel,  from  its  mouth 

which  last  four  mentioned  stakes  are  at  the  exterior  corners  of 
the  claim  of  said  tunnel  site. 

And  I  claim  for  line  of  tunnel feet  on 

each  side  of  the  center  of  the  bore  or  course  of  the  tunnel,  and 
the  right  to  all  lodes  which  may  be  discovered  in  the  due  prose- 
cution of  said  tunnel  within feet  on  either 

side  of  the  center  of  said  line. 

I  also  claim  a  square  tract  of  land  125  feet  on  each  side  of 
the  mouth  of  tunnel  and  extending feet  im- 
mediately below  the  mouth  of  the  tunnel,  as  staked  upon  the 
ground,  for  dumping  purposes. 

Together  with  all  and  singular  the  hereditaments  and  appur- 
tenances thereunto  belonging  or  in  any  wise  appertaining,  and 
all  rights  granted  to  the  locator  as  tunnel  rights  under  the 
terms  of  Section  2323  of  the  Revised  Statutes  of  the  United 
States. 

Witness  my  hand  and  seal,  this day  of 

,  A.  D.  19.. 


State  of  

Y  ss. 
County  of  

Before  me,  the  subscriber,  a  notary  public  in  and  for  said 

county,  personally  appeared 

to  me  personally  known  to  be  the  same  person  described  in  and 
who  executed  the  within  declaration  of  occupation  and 
acknowledged  that  he  signed,  sealed  and  published  the  same 
as  his  free  and  voluntary  act  and  deed  for  the  uses  and  pur- 
poses therein  set  forth. 

Witness  my  hand  and  notarial  seal  this day  of 

,  A.  D.  19   . 


Notary  Public. 

State  of   ) 

[•  ss. 

County  of  ) 

,  of  the  county  of , 

state  of ,  being  first  duly  sworn  ac- 
cording to  law,  deposes  and  says:  That  he  is  a  citizen  of  the 
United  States,  over  the  age  of  twenty-one  years ;  that  he  is  the 
owner  by  pre-emption,  location  and  occupation  of  the  foregoing 
tunnel  site,  the  said  tunnel  being  prosecuted  for  the  develop- 
ment of  lodes  belonging  to  said  affiant ;  also  for  the  discovery  of 
other  lodes ;  affiant  further  says  that  he  has  expended  in  actual 

work  and  improvements  on  said  tunnel  not  less  than 

dollars,  and  that  said  tunnel  has  been  already 

run  the  distance  of feet,  and  that 

it  is  bona  fide  his  intention  to  prosecute  work  on  said  tunnel  so 


MINING  LAWS  OP  THE  UNITED  STATES  29 

located  and  described  with  reasonable  diligence  for  the  pur- 
poses therein  set  forth. 


Subscribed  and  sworn  to  before  me,  this day 

of..  ,  A.  D.  19.. 


Notary  Public. 
Also  place  at  mouth  of  tunnel  the  following: 

LOCATION  NOTICE. 

The ,  Tunnel  and  Tunnel  Site, 

located  this day  of ,  , 

by  

Course    

Height  of  tunnel feet ;  width, 

feet. 

I  claim  all  lodes  to  be  discovered  in  this  tunnel,  and  not 
previously  known  to  exist  within  1500  feet  on  each  side  of 
tunnel,  as  staked  on  the  ground. 

I  also  claim  a  dump feet  square,  as 

staked. 

Dated   . 


FORFEITURE  TO  CO-OWNER. 

(For  Law  on  this  subject,  see  Section  2324.) 
NOTICE  OF  FORFEITURE. 

To : 

You  are  hereby  notified  that  I,  the  undersigned,  have  expend- 
ed during  the  year  . . . .,  the  sum  of hundred 

dollars,  in  labor  and  improvements  on  the  following  described 
mining  claims,  being  one  hundred  dollars  worth  of  labor  and 
improvements  on  each  of  the  following  named  mining  claims, 
to-wit :  Those. certain  mining  claims,  situ- 
ated in  the mining  district, 

county,  state  of ,  known  and  described  as 

follows : 

mining  claim,  according  to  lo- 
cation notice  thereof,  recorded  in  Book of  Mining 

Records,  page ,  Records  of county, 

state  of 

(Follow  with  description  of  remaining  claims,  as  above.) 
That  said  work  was  done  and  improvements  made  on  said 

claims  during  the  year ,  in  order  to  hold  the  said  claims 

under  the  provisions  of  Section  2324  of  the  Revised  Statutes  of 
the  United  States,  and  the  amendments  thereto,  and  the  laws 


30  MINING  LAWS  OF  THE  UNITED  STATES 

/ 

of  the  state  of ,  concerning  annual  labor 

to  be  done  on  mining  claims. 

That  there  is  due  from  you  to  the  undersigned  the  sum  of 

hundred  dollars  on  account  of  your  share 

of  the  said hundred  dollars  expended  for 

annual  labor  on  the  said  mining  claims  during  the  year , 

and 

You  are  hereby  notified  by  the  undersigned  that  if  within 
ninety  days  from  the  personal  service  of  this  notice  upon  you, 
or  within  ninety  days  after  the  service  of  this  notice  upon  you 
by  publication,  you  fail,  refuse  or  neglect  to  contribute  your 

portion  of  such  expenditure,  to-wit :  the  sum  of 

hundred  dollars  to  the  undersigned,  your  interest  in  said  min- 
ing claims  will  become  the  property  of  the  undersigned,  your 
co-owner,  in  accordance  with  the  law  in  such  cases  made  and 
provided. 

Dated ,  state  of , , 

19.. 


PROOF  OF  SERVICE  OF  NOTICE  PERSONALLY. 
State  of  

County  of  

,  being  duly  sworn,  says, 

that  he  served  the  within  and  foregoing  forfeiture  notice  upon 

,  the  delinquent  co-owner  therein  named, 

upon  the day  of ,  A.  D ,  at  said  county 

of ,  by  delivering  to  the  said , 

a  true  copy  of  the  said  notice,  and  explaining  the  contents 

thereof,  and  that  the  said wholly  failed  to 

comply  with  the  demand  contained  in  said  notice,  or  to  pay 
or  tender  his  proportion  of  said  expenditures  during  the  period 
of  ninety  days  after  said  date,  or  at  any  time  since  hitherto. 


(To  be  sworn  to  before  Notary  Public.) 
PUBLISHER'S  PROOF  OF  FORFEITURE. 

State  of  . 


ss. 
County  of 

(Copy  of  above  notice  attached.) 

,  being  duly  sworn,  saith,  that  he  is 

the  publisher  of  the ,  a  weekly  news- 
paper, published  in  said  county,  and  that  said 

is  the  newspaper  published  nearest  to  said 

Lode  Claim,  and  that  the  above  notice  was  published  in  said 
paper  fourteen  successive  weeks,  the  first  publication  appear- 
ing in  the  issue  of , , , , ,  and  the  last  pub- 


MINING  LAWS  OF  THE  UNITED  STATES  31 

lication  in  the  issue  of 

(To  be  sworn  to  before  Notary  Public.) 

AFFIDAVIT  OF  NON-PAYMENT. 
State  of  

County  of   

,  being  duly  sworn,  saith, 

that ,  the  person  named  in  the 

forfeiture  notice  attached  to  the  within  proof  of  publication, 
wholly  failed  to  comply  with  the  demand  contained  in  said 
notice  or  to  pay  or  tender  his  proportion  of  said  expenditures, 
during  the  period  of  said  notice  or  within  ninety  days  there- 
after, or  at  any  time. 


(To  be  sworn  to  before  Notary  Public.) 


The  Calkins  Company 

348  North  Main  Street      :      Los  Angeles,  Cal. 
EVERYTHING  FOR   THE 

ASSAYER  AND  CHEMIST 


Balances,  Chemists'  Glassware,  Crushers, 

Grinders,  Furnaces,  Crucibles, 
Hydrocarbon  Burners,  Acids,  Chemicals 

MERCURY,  CYANIDE 

and 
ZINC  SHAVINGS 


ARIZONA  MINING  LAWS 

(From  Revised  Statutes  1913— See  also  U.  S.  Mining  Laws.) 


TITLE  XXXIV. 
CHAPTER  I. 

Sec.  4027.  On  the  discovery  of  mineral  in  place  on 
the  public  domain  of  the  United  States,  the  same  may  be  lo- 
cated as  a  mining  claim  by  the  discoverer  for  himself,  or  for 
himself  and  others,  or  for  others. 

Citizenship— 5  Ariz.  152 ;  3  Ariz.  6 ;  6  Ariz.  323. 

Location  by  Agent — 1  Ariz.  99. 

Local  Laws  of  Miners — 1  Ariz.  99 ;  1  Ariz.  493. 

Possession— 1  Ariz.  404;  3  Ariz.  6;  13  Ariz.  331. 
Sec.  4028.  Such  location  shall  be  made  by  erecting  at 
or  contiguous  to  the  point  of  discovery  a  conspicuous  monu- 
ment of  stones  not  less  than  three  feet  in  height,  or  an  upright 
post,  securely  fixed,  projecting  at  least  four  feet  above  the 
ground,  in  which  monument  of  stones  or  on  which  post  there 
shall  be  posted  a  location  notice,  which  shall  be  signed  by  the 
name  or  names  of  the  locator  or  locators.  The  location  notice 
must  contain: 

1.  The  name  of  the  claim  located. 

2.  The  name  or  names  of  the  locators. 

3.  The  date  of  the  locations. 

4.  The  length  and  width  of  the  claim  in  feet,  and  the  dis- 
tance in  feet  from  the  point  of  discovery  to  each  end  of  the 
claim. 

5.  The  general  course  of  the  claim. 

6.  The  locality  of  the  claim  with  reference  to  some  natural 
object  or  permanent  monument  whereby  the  claim  can  be  iden- 
tified. 

What  Claim  Includes— 1  Ariz.  426 ;  4  Ariz.  34 ;  7  Ariz.  95. 
Location  Notice  and  Amendment — 2  Ariz.  272 ;  4  Ariz.  34 ; 
3  Ariz.  6 ;  6  Ariz.  79 ;  6  Ariz.  55 ;  6  Ariz.  623 ;  6  Ariz.  263 ; 
7  Ariz.  95 ;  13  Ariz.  331. 

Relocation— 2  Ariz.  347 ;  2  Ariz.  326 ;  6  Ariz.  55 ;  11  Ariz.  66. 
Sec.    4029.      Until    each    and    all    of    the    above    specified 
things  shall  have  been  done,  no  right  thereto  shall  have  been 
acquired. 

Sec.  4030.  From  the  time  of  the  location  of  a  mining 
claim,  as  above  specified,  the  locator  shall  be  allowed  ninety 
days  within  which  to  do  or  cause  to  be  done  the  following 
things : 


34  MINING  LAWS  OF  ARIZONA 

1.  To  cause  to  be  recorded  in  the  office  of  the  county  record- 
er of  the  county  in  which  the  claim  is  situated  a  copy  of  the  lo- 
cation notice. 

2.  To  sink  a  discovery  shaft  in  the  claim  to  a  depth  of  at 
least  eight  feet  from  the  lowest  part  of  the  rim  of  the  shaft  at 
the  surface,  and  deeper,  if  necessary,  until  there  is  disclosed  in 
said  shaft  mineral  in  place. 

3.  To  monument  the  claim  on  the  ground  so  that  its  bound- 
aries can  be  easily  traced. 

Location  Work— 2  Ariz.  407 ;  11  Ariz.  309 ;  12  Ariz.  213. 
Recording  Notice — 1  Ariz.  493;  3  Ariz.  6;  6  Ariz.  55. 

Sec.  4031.  The  failure  to  do  all  the  things  enumerated 
in  this  section  in  the  time  and  place  specified  shall  be  con- 
strued into  an  abandonment  of  the  claim,  and  all  right  and 
claim  thereto  of  the  discoverer  and  locator  shall  be  forfeited. 

Sec.  4032.  Such  surface  boundary  shall  be  marked  by 
six  substantial  posts  projecting  at  least  four  feet  above  the  sur- 
face of  the  ground,  or  by  substantial  stone  monuments  at  least 
three  feet  high,  to-wit:  One  at  each  corner  of  said  claim  and 
one  at  the  center  of  each  end  line  thereof. 

Sec.  4033.  Any  open  cut,  adit  or  tunnel  which  shall  be 
made  as  above  provided  for,  as  a  part  of  the  location  of  a  lode 
mining  claim,  and  which  shall  be  equal  in  amount  of  work 
to  a  shaft  eight  feet  deep  and  four  feet  wide  by  six  feet  long, 
and  which  shall  cut  a  lode  or  mineral  in  place  at  a  depth  of 
ten  feet  from  the  surface,  shall  be  equivalent,  as  a  discovery 
work,  to  a  shaft  sunk  from  the  surface. 

Sec.  4034.  Location  notices  may  be  amended  at  any 
time  and  the  monuments  changed  to  correspond  with  the 
amended  location;  PROVIDED,  That  no  change  shall  be  made 
that  will  interfere  with  the  rights  of  others. 

Sec.  4035.  Within  three  months  after  the  expiration 
of  the  period  of  time  fixed  for  the  performance  of  annual  labor 
or  the  making  of  improvements  upon  any  mining  claim,  the 
person  on  whose  behalf  such  work  or  improvement  was  made, 
or  some  person  for  him  knowing  the  facts,  may  make  and 
record  in  the  office  of  the  county  recorder  of  the  county  where- 
in such  claim  is  situated,  an  affidavit,  in  substance  as  follows : 

State  of  Arizona,  County  of — ss. 

,  being  duly  sworn,  deposes 

and  says  that  he  is  a  citizen  of  the  United  States  and  more  than 

twenty-one  years  of  age,  resides  at in 

County,  Arizona,  and  is  personally  acquainted  with  the  min- 
ing claim  known  as mining 

claim,  situated  in mining  district,  Ari- 
zona,   the    location    notice    of    which    is    recorded    in    the 

office  of  the  County  Recorder  of  said  county,  in  book of 

Records  of  Mines,  at  page That  between  the 

day  of A.  D ,  and  the day  of 


MINING  LAWS  OF  ARIZONA  35 

A.  D ,  at  least dollars ' 

worth  of  work  and  improvements  were  done  and  performed 
upon  said  claim,  not  including  the  location  work  of  said  claim. 
Such  work  and  improvements  were  made  by  and  at  the  expense 

of ,  owners  of  said 

claim,  for  the  purpose  of  complying  with  the  laws  of  the  United 
States  pertaining  to  assessments  of  annual  work,  and  (here 
name  the  miners  or  men  who  worked  upon  the  claim  in  doing 
the  work)  were  the  men  employed  by  said  owner  and  who 
labored  upon  said  claim,  did  said  work  and  improvements,  the 
same  being  as  follows,  to-wit:  (Here  describe  the  work  done.) 

Signature 

Subscribed  and  sworn  to  before  me  this. . .  .day  of 

A.  D 

My  commission  as  Notary  Public  expires  on  the day  of 

A.  D 

(Notarial  Seal.)  

Notary  Public. 

Sec.  4036.  When  two  or  more  contiguous  claims  are  owned 
by  the  same  person  or  persons,  and  constitute  a  group,  and 
the  annual  work  is  done  upon  each  of  said  claims  or  upon  one 
or  more  of  the  same  for  the  benefit  of  all,  or  wholly  or  partly 
outside  of  such  claims  for  the  benefit  of  all,  all  such  claims 
may  be  included  in  a  single  affidavit. 

Sec.  4037.  Such  affidavit,  when  so  recorded,  shall  be 
prima  facie  evidence  of  the  performance  of  such  labor  or  the 
making  of  such  improvements,  and  said  original  affidavit,  after 
it  has  been  recorded,  or  a  certified  copy  thereof,  or  the  record 
thereof,  shall  be  received  as  evidence  accordingly  by  the  courts 
of  this  State.  The  location  of  an  abandoned  or  forfeited 
claim  shall  be  made  in  the  same  manner  as  other  locations, 
except  that  the  relocator  may,  if  he  so  elect,  perform  his  loca- 
tion work  by  sinking  the  original  location  shaft  eight  feet 
deeper  than  it  was  originally,  or  in  case  the  original  location 
work  consisted  of  a  tunnel  or  open  cut,  he  may  perform  his 
location  work  by  extending  said  tunnel  or  open  cut  by  remov- 
ing therefrom  240  cubic  feet  of  rock  or  vein  material. 

Abandonment  and  Forfeiture — 1  Ariz.  493;  6  Ariz.  55;  6 
Ariz.  323;  6  Ariz.  103;  6  Ariz.  263;  11  Ariz.  66;  11 
Ariz.  193. 

Relocation— 2  Ariz.  347 ;  2  Ariz.  326 ;  6  Ariz.  55 ;  11  Ariz. 
66 ;  13  Ariz.  331 ;  14  Ariz.  214. 

Sec.  4038.  The  locator  of  a  placer  mining  claim  shall 
locate  his  claim  in  the  following  manner:  By  posting  a  loca- 
tion notice  thereon  containing  the  name  of  the  claim,  the  name 
of  the  locator  or  locators,  the  date  of  location  and  the  number 
of  acres  claimed,  a  description  of  the  claim  with  reference  to 
some  natural  object  or  permanent  monument  that  will  identify 
the  claim  by  marking  the  boundaries  of  his  claim  with  a  post 


36  MINING  LAWS  OF  ARIZONA 

or  monument  of  stones  at  each  angle  of  the  claim  located. 
When  a  post  is  used  it  must  be  at  least  four  inches  thick  by 
four  feet  six  inches  in  length,  set  one  foot  in  the  ground  and 
surrounded  by  a  mound  of  stone  or  earth. 

Sec.  4039.  Where  it  is  practically  impossible  on  ac- 
count of  a  bed  rock  or  precipitous  ground  to  sink  such  posts, 
they  may  be  placed  in  a  pile  of  stones.  And  if  or  any  reason 
it  is  impossible  to  erect  and  maintain  a  post  or  monument  of 
stone  at  any  angle  of  such  claim,  a  witness  post  or  monument 
may  be  used,  said  witness  monument  to  be  placed  as  near  the 
true  corner  as  the  nature  of  the  ground  will  permit.  When  a 
mound  of  stone  is  used,  it  must  be  at  least  three  feet  in  height 
and  four  feet  in  diameter  at  the  base. 

Sec.  4040.  The  locator  of  any  placer  claim  shall,  with- 
in sixty  days  after  the  date  of  location  of  such  claim,  have  a 
copy  of  the  location  notice  claim  recorded  in  the  office  of  the 
county  recorder  of  the  county  in  which  said  placer  claim  may 
be  situated.  Any  record  of  the  location  of  a  placer  mining 
claim  which  shall  not  contain  all  the  requirements  of  the  two 
next  preceding  sections  shall  be  void. 

Sec.  4041.  There  shall  be  a  uniform  fee  of  one  dollar  charg- 
ed by  each  county  recorder  in  the  state  for  recording  each  no- 
tice of  location  of  a  mining  claim,  including  certificate  of  work 
done  to  comply  with  the  law  regarding  locations,  the  said  one 
dollar  to  be  in  full  for  filing,  recording  and  indexing  said  no- 
tice and  certificate  and  certifying  to  the  same  under  seal. 

Sec.  4042.  Whenever  a  co-owner  or  co-owners  shall 
give  to  a  delinquent  co-owner  or  co-owners  the  notice  in  writing 
or  notice  by  publication  provided  for  in  section  twenty-three 
hundred  and  twenty-four  (2324)  of  the  Eevised  Statutes  of  the 
United  States,  an  affidavit  of  the  persons  giving  such  notice, 
stating  the  time,  place,  manner  of  service,  and  by  whom  and 
upon  whom  such  service  was  made,  shall  be  attached  to  a  true 
copy  of  such  notice,  and  such  notice  and  affidavit  must  be  re- 
corded in  the  office  of  the  county  recorder  of  the  county  in 
which  the  mining  claim  is  situate  after  the  expiration  of  ninety 
days  after  giving  the  notice ;  or,  if  such  notice  is  given  by  pub- 
lication in  a  newspaper,  there  shall  be  attached  to  a  printed 
copy  of  such  notice  an  affidavit  of  the  editor,  publisher  or  fore- 
man of  such  paper,  stating  the  date  of  the  first,  last  and  each 
insertion  of  such  notice  therein,  and  when  and  where  the  news- 
paper was  published  during  that  time  and  the  name  of  such 
newspaper.  Such  affidavit  and  notice  shall  be  recorded  as 
aforesaid  after  the  expiration  of  one  hundred  and  eighty  days 
after  the  first  publication  thereof. 
194  U.  S.  248;  150  U.  S.  585. 

Sec.  4043.  The  original  of  such  notice  and  affidavits,  or  the 
records  thereof,  shall  be  prima  facie  evidence  that  the  delin- 
quent mentioned  in  section  2324  has  failed  or  refused  to  con- 


MINING  LAWS  OF  AKIZONA  37 

tribute  his  proportion  of  the  expenditure  required  by  that  sec- 
tion, and  of  the  service  or  publication  of  said  notice ;  provided 
the  writing  or  affidavit  provided  for  in  the  following  section 
is  not  of  record. 

Sec.  4044.  If  such  delinquent  shall,  within  the  ninety 
days  required  by  Section  2324  aforesaid,  contribute  to  his  co- 
owner  or  co-owners  his  proportion  of  such  expenditures,  such 
co-owners  shall  sign  and  deliver  to  the  delinquent,  or  delin- 
quents a  writing,  stating  that  the  delinquent  or  delinquents,  by 
name,  has,  within  the  time  required  by  Section  2324  of  the 
Revised  Statutes  of  the  United  States,  contributed  his  share  for 

the  year upon  the mine,  and  further*  stating 

therein  the  districts,  county  and  territory  wherein  the  same  is 
situate,  and  the  book  and  page  where  the  location  notice  is  re- 
corded. Such  writing  shall  be  recorded  in  the  office  of  the 
county  recorder  of  said  county. 

Sec.  4045.  If  such  co-owner  or  co-owners  shall  fail  to 
sign  and  deliver  such  writing  to  the  delinquent  or  delinquents 
within  twenty  days  after  such  contribution,  the  co-owner  or  co- 
owners,  so  failing  as  aforesaid,  shall  be  liable  to  a  penalty  of 
one  hundred  dollars,  to  be  recovered  by  any  person  for  the  use 
of  the  delinquent  or  delinquents  in  any  court  of  competent  jur- 
isdiction. If  such  co-owner  or  co-owners  fail  to  deliver  such 
writing  within  said  twenty  days,  then  the  delinquent,  with  two 
disinterested  persons  having  personal  knowledge  of  such  con- 
tribution, may  make  an  affidavit,  setting  forth  in  what  manner, 
the  amount  of,  to  whom  and  upon  what  mine  such  contribution 
was  made.  Such  affidavit  or  a  record  thereof,  in  the  office  of 
the  county  recorder  of  the  county  in  which  said  mine  is  situate, 
shall  be  prima  facie  evidence  of  such  contribution. 
Sales— 6  Ariz.  103 ;  7  Ariz.  258. 
Leases — 7  Ariz.  399. 

Sec.  4046.  In  all  actions,  judgments,  grants  or  conveyances 
it  shall  be  a  sufficient  description  of  a  mining  claim  if  it  can 
be  intelligently  learned  therefrom  the  name  of  the  claim,  the 
district,  County  and  State  where  it  is  situated,  and  the  book 
and  page  where  the  location  notice  thereof  is  recorded. 
13  Ariz.  265. 

CHAPTER  II. 

DRAINAGE  OF  MINES. 

Sec.  4047.  Whenever  adjacent  or  contiguous  mines,  occu- 
pied and  worked  upon  the  same  or  upon  separate  lodes,  have 
a  common  ingress  of  water  or  by  reason  of  subterranean  com- 
munication of  water  have  a  common  drainage,  it  shall  be  the 
duty  of  the  owners,  lessees  or  occupants  of  said  mine  so  re- 
lated, to  provide  for  their  proportionate  share  of  such  drain- 
age, or  to  prevent  the  water  in  such  mine  from  flowing  in  or 


38  MINING  LAWS  OF  ARIZONA 

upon  neighboring  mines,  thereby  imposing  upon  them  an  un- 
just burden. 

Sec.  4048.  If  any  owners,  lessees  or  occupants  of  any  such 
mine  shall  fail  or  neglect  to  provide  for  the  drainage  thereof, 
and  by  reason  of  such  failure  or  neglect,  the  owners,  lessees  or 
occupants  of  any  adjacent  or  contiguous  mine  are  compelled 
to  pump  or  drain  or  otherwise  provide  for  the  water  flowing 
in  from  such  first  mentioned  mine,  then,  and  in  such  event  the 
owners,  lessees  or  occupants  of  the  mine  so  in  default,  shall 
pay,  respectively,  to  those  performing  the  work  of  drainage 
their  proportion  of  the  actual  and  necessary  cost  and  expense 
of  pumping,  draining  or  otherwise  providing  for  said  water, 
and  if  they  fail  or  refuse  to  make  such  payment,  the  same  may 
be  recovered  by  an  action  in  any  court  of  competent  juris- 
diction. 

Sec.  4049.  It  shall  be  lawful  for  all  mining  corporations 
or  companies  and  all  individuals  engaged  in  mining  having 
thus  a  common  interest  in  draining  such  mines  to  unite  for 
the  purpose  of  effecting  the  same  under  such  common  name 
and  upon  such  terms  and  conditions  as  may  be  agreed  upon; 
and  every  such  association  having  filed  a  certificate  of  incor- 
poration, as  provided  by  law,  shall  be  deemed  a  corporation, 
with  all  the  rights,  incidents  and  liabilities  of  a  body  corpo- 
rate so  far  as  the  same  may  be  applicable. 

Sec.  4050.  Failing  mutually  to  agree  as  indicated  in  the  pre- 
ceding sections  for  drainage  jointly,  one  or  more  of  said  par- 
ties may  undertake  the  work  of  drainage  after  giving  reason- 
able notice  to  the  other  parties  interested  as  aforesaid,  and 
should  the  remaining  parties  then  fail,  neglect  or  refuse  to 
unite  in  equitable  arrangements  for  doing  or  sharing  the  ex- 
pense thereof,  they  shall  be  subject  to  an  action  therefor  as 
already  specified,  to  be  enforced  in  any  court  of  competent 
jurisdiction. 

Sec.  4051.  When  an  action  is  commenced,  as  provided  here- 
in, to  recover  the  costs  and  expenses  for  draining  a  lode  or 
mine,  it  shall  be  lawful  for  the  plaintiff  to  apply  to  the  court 
for  an  order  to  inspect  and  examine  the  lodes  or  mines  claimed 
to  have  been  drained  by  the  plaintiff,  and  upon  affidavit  that 
such  inspection  or  examination  is  necessary  for  a  proper  prep- 
aration of  the  case  for  trial,  the  court  shall  grant  an  order  for 
the  underground  inspection  and  examination  of  the  lode  or 
mine  described  in  the  petition.  Such  order  shall  designate  the 
number  of  persons,  not  exceeding  three,  besides  the  plaintiff 
or  his  representative,  who  may  examine  and  inspect  such  lode 
and  mines,  and  take  measurements  for  the  purpose  of  show- 
ing the  amount  of  water  taken  from  the  lode  or  mine  or  the 
number  of  fathoms  of  ground  mined  and  worked  out  of  the 
lode  or  mines  claimed  to  have  been  drained,  the  cost  of  such 
examination  and  inspection  to  be  borne  by  the  party  applying 


MINING  LAWS  OF  ARIZONA  39 

therefor.  The  court  shall  have  power  to  cause  the  removal  of 
any  rock,  debris,  or  any  other  obstacle  in  any  lode  or  vein  when 
such  removal  is  shown  to  be  necessary  to  a  just  determination 
of  the  question  involved;  provided,  that  no  such  order  for  in- 
spection and  examination  shall  be  made  except  upon  notice  of 
at  least  three  days,  nor  unless  it  appears  that  the  plaintiff  has 
been  refused  the  privilege  of  making  the  examination  by  the 
defendant,  his  or  their  agent. 

Sec.  4052.  The  provisions  hereof  shall  not  apply  to  unopen- 
ed or  undeveloped  mines,  but  shall  apply  to  all  opened  and 
developed  mines  which  derive  a  benefit  from  being  drained. 

CHAPTER  III. 

MINE  INSPECTOR  AND  OPERATION  OF  MINES. 

Sec.  4053.  The  terms  of  this  chapter  shall  apply  to  all  mines 
in  the  state  of  Arizona. 

Mine. — The  term  "Mine"  when  used  in  this  chapter  shall 
include  any  and  all  parts  of  any  mine  within  the  state,  and  any 
mining  plant  or  equipment  connected  therewith,  underground 
or  on  the  surface,  which  contributes,  or  may  contribute,  to  the 
mining  or  handling  of  ore,  coal,  or  other  metalliferous  or  non- 
metalliferous  mineral  product. 

Operator. — The  term  "Operator"  when  used  in  this  chapter 
shall  mean  the  person,  firm,  association,  company  or  corpora- 
tion in  immediate  possession  of  any  mine,  or  mining  claim,  or 
accessories  thereof,  as  owner  or  lessee  thereof,  and  as  such, 
responsible  for  the  management  and  condition  thereof. 

Inspector  and  Deputies. — The  term  "Inspector"  when  used 
in  this  chapter  signifies  the  State  Mine  Inspector;  and  the 
terms  "Deputy"  and  "Deputy  Inspector"  mean  a  State  Depu- 
ty Mine  Inspector. 

Excavations  or  Workings. — The  words  "Excavations"  and 
' '  Workings ' '  when  used  in  this  chapter  signify  any  or  all  parts 
of  a  mine  excavated,  or  being  excavated,  including  shafts,  tun- 
nels, entries,  winzes,  raises,  stopes,  open  cuts,  and  all  working 
places,  whether  abandoned  or  in  use. 

Sec.  4054.  The  office  of  State  Mine  Inspector  for  the  state 
of  Arizona  is  hereby  created,  in  accordance  with  Article  XIX 
of  the  Constitution  of  the  state  of  Arizona,  the  office  to  be  filled 
biennially  at  the  general  election  by  the  qualified  electors  of 
the  state,  except  as  to  the  first  state  mine  inspector,  who  shall 
be  appointed  by  the  governor,  by  and  with  the  advice  and  con- 
sent of  the  senate,  and  who  shall  serve  until  his  successor  shall 
have  been  elected  at  the  first  general  election  thereafter,  and 
shall  qualify.  Said  mine  inspector  so  elected,  and  all  subse- 
quent incumbents  of  said  office,  shall  be  elected  at  general 
elections,  and  shall  serve  for  two  years.  The  office  of  the  mine 
inspector  shall  be  at  the  State  Capitol. 


40  MINING  LAWS  OP  ARIZONA 

Sec.  4055.  The  state  mine  inspector  shall  be  a  qualified 
elector  of  the  state  and  a  resident  thereof  at  least  two  years 
prior  to  his  appointment  or  election,  and  not  under  thirty 
years  of  age,  and  shall  have  been  practically  engaged  in,  and 
acquainted  with,  mines  and  mining  in  this  state,  and  shall  have 
had  at  least  seven  years'  experience  in  the  underground  min- 
ing. 

No  person  shall  be  appointed  to  the  office  of  inspector  or 
deputy  inspector,  nor  be  qualified  to  hold  the  office  of  in- 
spector, or  deputy  inspector,  while  an  employee,  director,  or 
officer,  of  any  mining,  milling,  or  smelting  company.  The  in- 
spector and  each  deputy  must  devote  his  entire  time  to  the 
duties  of  his  office ;  and  it  shall  be  unlawful  for  the  inspector, 
or  any  deputy,  to  be  otherwise  employed  by  the  state  of  Ari- 
zona, or  to  act  directly  or  indirectly  for  or  on  behalf  of  any 
candidate  for  public  office,  or  receive  compensation  either  di- 
rectly or  indirectly  from  any  candidate  for  public  office,  or 
from  any  political  party  in  the  state,  during  the  term  of  office 
of  such  inspector,  or  deputy  inspector. 

Sec.  4056.  Failure  to  observe  the  provisions  of  this  chapter 
shall  render  the  inspector  liable  to  immediate  removal  from 
office  without  further  cause  shown ;  and  such  failure  shall  ren- 
der any  deputy  inspector  liable  to  immediate  removal  by  the 
mine  inspector,  or  as  provided  by  law,  without  further  cause 
shown. 

Sec.  4057.  The  state  mine  inspector  shall  receive,  as  full 
compensation  for  his  services,  a  salary  payable  at  the  rate  of 
three  thousand  dollars  per  annum,  and  his  necessary^  traveling 
expenses  when  traveling  in  the  discharge  of  official  duties,  not 
to  exceed  fourteen  hundred  dollars  per  annum,  and  all  neces- 
sary expenses  for  clerk  hire,  postage,  stationery,  printing,  and 
office  expenses,  not  to  exceed  fourteen  hundred  dollars  per  an- 
num, and  such  compensation  and  expenses  shall  be  paid  as  the 
salary  and  expenses  of  other  state  officers  are  paid. 

The  mine  inspector,  before  entering  upon  the  discharge  of 
his  duties,  shall  file  an  official  bond  in  the  sum  of  five  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office,  in  form  and  manner  as  other  official  bonds  of 
state  officers. 

Sec.  4058.  The  state  mine  inspector  is  hereby  authorized 
and  directed  forthwith,  after  entering  upon  the  duties  of  his 
office,  to  appoint  three  deputy  mine  inspectors.  They  shall 
hold  office  during  the  term  of  the  state  mine  inspector  appoint- 
ing them,  unless  sooner  removed  by  him,  or  as  provided  in 
this  chapter,  or  otherwise  by  law. 

Deputy  mine  inspectors  shall  have  the  same  qualifications 
as  the  mine  inspector,  and  shall  be  subject  to  the  same  penal- 
ties for  violation  of  their  duties,  and  the  provisions  of  this 
chapter,  as  the  state  mine  inspector. 


MINING  LAWS  OF  ARIZONA  41 

Sec.  4059.  Each  deputy  inspector  shall  receive  a  salary  pay- 
able at  the  rate  of  eighteen  hundred  dollars  per  annum,  which 
shall  be  compensation  in  full,  for  all  services;  and  his  neces- 
sary traveling  expenses,  not  to  exceed  fourteen  hundred  dol- 
lars per  annum,  to  be  audited  and  allowed  as  other  expenses 
of  state  officers. 

Before  entering  upon  his  duties  as  such  deputy  he  shall  file 
an  official  bond  in  the  sum  of  twenty-five  hundred  dollars,  con- 
ditioned the  same  as  the  bond  of  the  mine  inspector. 

Sec.  4060.  No  inspector,  or  his  deputy,  or  any  employee 
thereof,  shall,  for  any  purpose  whatever,  make  a  report  on  any 
mine  or  mining  property  or  prospect,  except  an  official  report 
to  his  superior  officer,  or  to  the  governor;  nor  shall  he  make 
public  or  reveal  to  any  person  any  knowledge  or  information 
obtained  by  him  in  the  exercise  of  his  official  duties  concern- 
ing ore,  ore  bodies,  or  values,  of  any  mine  or  part  thereof. 

An  inspector,  or  his  deputy,  or  any  employee  thereof,  who 
violates  any  of  the  provisions  of  this  section,  or  of  his  oath, 
shall  be  dismissed  from  his  office. 

Sec.  4061.  The  mine  inspector  shall  have  a  seal  bearing  the 
words,  "Mine  Inspector,  State  of  Arizona,"  which  shall  be 
kept  by  him  exclusively  for  the  use  of  his  office,  and  said  seal 
shall  be  affixed  to  official  documents  only. 

Sec.  4062.  It  shall  be  the  duty  of  the  mine  inspector,  by  him- 
self or  by  deputy,  to  visit,  at  least  once  every  three  months, 
every  mine  in  this  state  employing  fifty  or  more  men  under- 
ground, and  every  other  working  mine  employing  six  or  more 
men,  at  least  once  every  year,  and  oftener,  if  in  his  opinion  the 
safety  of  the  men  employed  in  the  mine  so  require;  and  to  in- 
spect, investigate,  inquire,  and  examine  into,  the  operation, 
workings,  timbering,  safety  appliances,  machinery,  sanitation, 
ventilation,  means  of  ingress  and  egress,  means  taken  to  pro- 
tect the  lives  and  insure  the  safety  of  the  miners,  together 
with  the  cause  of  accidents  and  accidental  deaths  therein,  and 
in  general  to  inspect  and  ascertain  what  means  are  taken  to 
comply  with  the  provisions  of  this  chapter.  For  the  purpose 
of  making  such  inspection  and  ascertaining  facts  in  connec- 
tion with  such  investigation,  examination,  and  inquiry,  the  in- 
spector, or  his  deputy,  shall  have  full  power  and  authority, 
upon  exhibition  of  his  certificate  of  appointment  or  election, 
at  all  hours  to  enter  and  examine  any  part  of  any  mine,  and 
to  visit,  investigate,  and  examine  any  plant  or  equipment  con- 
.aected  therewith,  -within  this  -state,  or  any  part  of  the  work- 
ings thereof.  All  operators  and  their  employees  shall  render 
to  the  inspector,  or  his  deputy,  such  assistance  as  may  be  nec- 
essary to  enable  the  inspector,  or  his  deputy,  to  make  such 
examination. 

Sec.  4063.  If  upon  examination  or  inspection  it  shall  appear 
to  the  mine  inspector,  or  a  deputy  thereof,  that  a  mine,  or 


42  MINING  LAWS  OF  ARIZONA 

part  thereof,  is,  from  any  cause,  in  a  dangerous  condition  or 
fails  to  comply  with  the  provisions  of  this  chapter,  he  shall  at 
once  notify  the  operator,  or  his  agent  in  charge  thereof,  such 
notice  to  be  in  writing  and  to  be  served  by  copy  upon  the 
operator,  or  his  agent  in  charge.  Said  notice  shall  state  in 
detail  in  what  particular  said  mine  or  part  thereof  is  deemed 
dangerous,  insecure,  or  not  in  compliance  with  the  provisions 
of  this  chapter,  and  shall  state  what  necessary  changes  should 
be  made  to  provide  safety  for  employees,  or  other  compliance 
to  be  made,  and  provide  reasonable  specified  time  within  which 
to  make  the  same;  and  the  operator  of  said  mine  shall  forth- 
with make  such  change  or  compliance  in  accordance  with  said 
mine  inspector's  or  deputy's  requirements. 

In  case  of  any  civil  or  criminal  procedure  at  law  against 
the  party  or  parties  so  notified,  on  account  of  loss  of  life  or 
bodily  injuries  sustained  by  an  employee  subsequent  to  such 
notice,  and  in  consequence  of  said  dangerous  condition,  a  cer- 
tified copy  of  the  notice  served  by  the  inspector  shall  be  prima 
facie  evidence  of  the  negligence  of  said  party  or  parties. 

If  it  appears  from  a  re-examination  of  the  mine  by  the  in 
spector,  or  a  deputy  inspector,  that  such  changes  or  compli- 
ances have  not  been  made  within  the  time  specified  in  such 
notice,  and  that  the  mine  or  part  of  such  mine  is  still  in  a  con- 
dition dangerous  to  life  or  health,  and  in  the  opinion  of  the 
inspector  it  is  necessary  for  the  safety  of  the  life  or  health  of 
the  employees  in  such  mine  or  part  of  the  mine,  that  the  same 
be  vacated,  it  shall  be  the  duty  of  the  inspector  forthwith  to 
order  the  cessation  of  the  operation  and  working  of  said  mine 
or  part  of  mine,  and  to  order  that  the  employees  shall  not  be 
permitted  therein  for  the  purposes  other  than  to  remedy  the 
defects  complained  of,  until  the  provisions  of  this  chapter  are 
complied  with  to  the  satisfaction  of  the  mine  inspector  or  his 
deputy,  and  the  said  mine,  or  part  of  the  mine,  made  safe  for 
the  employees  therein.  The  operator  of  said  mine  shall  forth- 
with obey  said  order. 

Sec.  4064.  Whenever  the  inspector  receives  a  complaint  in 
writing  signed  by  one  or  more  persons  employed  in  a  mine, 
setting  forth  that  the  mine  or  part  thereof  in  which  he  or  they 
are  working  is  being  operated  contrary  to  law,  or  is  dangerous 
in  any  respect  to  the  health  or  lives  of  those  employed  therein, 
the  inspector  must  in  person,  or  by  deputy,  examine  such  mine 
as  soon  as  possible.  The  names  of  the  persons  making  such 
complaint  shall  be  kept  secret  by  the  inspector,  unless  permis- 
sion to  disclose  them  be  expressly  granted  by  the  persons  mak- 
ing the  complaint.  Such  complaint  shall,  in  all  cases,  set  forth 
the  nature  of  the  danger  existing  at  the  mine,  and  the  time 
when  such  danger  was  first  observed.  If,  after  such  inspec- 
tion, the  inspector  finds  the  conditions,  in  his  opinion,  danger- 
ous to  the  health  or  lives  of  those  employed  therein,  he  shall 


MINING  LAWS  OF  ARIZONA  43 

serve  a  notice  setting  forth  fully  the  facts,  upon  the  operator 
or  any  person  having  charge  of  such  mine,  and  shall  order  the 
operator  of  said  mine  or  mines  to  remove  such  dangerous  or 
harmful  conditions;  and  the  operator  of  said  mine  shall  obey 
such  order. 

It  shall  be  the  duty  of  the  inspector  or  any  deputy  to  for- 
ward every  such  original  complaint,  so  received,  to  the  office 
of  the  mine  inspector,  where  it  shall  be  indexed  and  filed 
among  the  official  papers  of  the  mine  inspector. 

Sec.  4065.  Whenever  loss  of  life  or  serious  accident  shall 
occur  in  any  mine  within  this  state,  the  owner,  agent,  mana- 
ger, or  operator,  having  charge  of  operating  such  mine,  shall 
give  notice  immediately,  in  the  quickest  possible  manner,  and 
report  the  facts  thereof  in  writing  to  the  office  of  the  mine  in- 
spector. The  refusal  or  failure  of  said  owner,  agent,  manager, 
or  operator  to  so  report  shall  be  deemed  a  misdemeanor.  The 
mine  inspector,  upon  receipt  of  notice  of  such  accident,  shall 
investigate  the  same  and  make,  or  cause  to  be  made,  a  report, 
which  shall  be  filed  in  his  office  for  future  reference.  In  case 
of  loss  of  life,  said  mine  inspector  shall,  personally  or  by  reg- 
ularly appointed  or  special  deputy,  appear  at  the  coroner's  in- 
quest held  respecting  such  accident,  and  may  examine  or  cross- 
examine  witnesses  relative  to  the  same,  for  the  purpose  of  as- 
certaining the  cause  of  such  accident,  and  for  his  information 
in  filing  reports  concerning  the  same.  If,  after  making  such 
investigation,  the  inspector  considers  the  facts  warrant  it,  it 
shall  be  the  duty  of  such  inspector  to  cause  a  copy  of  the  report 
of  such  accident,  or  a  copy  of  the  testimony  taken  at  the  coro- 
ner's inquest,  together  with  the  verdict  of  the  coroner's  jury, 
and  all  papers  in  his  hands  relating  thereto,  to  be  forwarded 
to  the  prosecuting  officer  of  the  county  in  which  the  accident 
or  loss  of  life  occurred,  together  with  an  accompanying  state- 
ment of  the  inspector,  showing  in  what  particular  or  particu- 
lars he  believes  the  law  to  have  been  violated,  and  if  upon  the 
receipt  thereof,  the  prosecuting  officer  of  the  said  county  deems 
the  facts  sufficient  to  make  a  prima  facie  case  of  criminal 
action  against  any  person  or  persons,  he  shall  present  such  evi- 
dence to  the  grand  jury,  or  take  such  steps,  for  the  criminal 
prosecution  of  such  operator,  employees,  or  other  persons,  as 
may  seem  advisable. 

Sec.  4066.  If  any  operator  shall  violate  any  of  the  provis- 
ions of  sections  36  (Par.  4088),  37  (Par.  4089)  or  38  (Par.  4090) 
of  this  chapter,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of 
not  less  than  one  hundred  dollars  and  not  to  exceed  five  hun- 
dred dollars,  or  imprisonment  in  the  county  jail  not  to  exceed 
one  year,  or  both  such  fine  and  imprisonment. 

Sec.  4067.  It  shall  be  the  duty  of  the  inspector,  or  any  dep- 
uty, after  every  inspection  made  of  any  mine  or  part  of  any 


44  MINING  LAWS  OF  AKIZONA 

mine,  as  provided  in  this  chapter,  to  enter  forthwith  in  a  book 
to  be  kept  at  the  mine,  and  designated  as  the  ''Record  of  In- 
spection," the  .portion  of  the  mine  so  inspected,  the  nature  of 
such  inspection,  and  every  dangerous  defect  observed  in  the 
state  and  conditions  of  the  mine,  machinery,  and  appliances; 
but  nothing  contained  in  or  omitted  from  such  entry  shall 
limit  or  affect  the  duty  and  obligation  of  the  owner  or  operator 
of  such  mine  under  this  chapter.  Such  "Record  of  Inspec- 
tion" shall  be  open  at  all  reasonable  times  to  the  examination 
of  the  inspector,  or  any  of  his  deputies,  and  to  the  examination 
of  any  operator  or  person  following  the  occupation  of  mining. 

Sec.  4068.  It  shall  be  the  duty  of  the  mine  inspector  on  the 
31st  day  of  December  in  each  year  to  make  and  file  with  the 
governor  a  report  giving  a  statistical  summary  and  report  of 
the  work  of  the  mine  inspector  and  deputy  mine  inspectors 
during  the  year  ending  November  30th.  Such  report  shall  con- 
tain a  statement  showing  the  number  of  men  employed  in  each 
mine  in  the  state,  and  separately,  the  number  of  men  employed 
above  ground  and  under  ground,  the  number  and  nature  of 
fatal  and  serious  accidents  occurring  in  each  mine,  the  number 
of  inspections  made,  complaints  filed,  inquests  attended,  mines 
or  mine  workings  ordered  to  be  vacated,  violations  found,  and 
any  other  information  of  the  law  deemed  important  and  rele- 
vant by  the  mine  inspector,  together  with  such  recommenda- 
tions as  in  the  judgment  of  the  mine  inspector  are  necessary  or 
desirable  to  the  carrying  out  of  this  chapter  and  to  insure  the 
safety  of  the  workmen  employed  in  mines.  Copies  of  such  re- 
ports shall  be  published  and  distributed  by  and  at  the  expense 
of  the  state  as  a  public  document. 

Sec.  4069.  It  shall  be  the  duty  of  the  mine  operator,  super- 
intendent, or  anyone  in  charge  of  a  mine,  where  ten  or  more 
men  are  employed,  to  keep  at  the  mouth  of  the  tunnel,  shaft, 
or  stope,  or  at  such  other  place  about  the  mine  as  may  be  des- 
ignated by  the  mine  inspector,  a  stretcher  and  a  woolen  and 
waterproof  blanket,  in  good  condition,  for  use  in  carrying  any 
person  who  may  be  injured  at  the  mine.  Where  more  than 
one  hundred  persons  are  employed  two  or  more  stretchers  with 
woolen  and  waterproof  blankets  shall  be  kept,  and  at  all  mines 
a  supply  of  first  aid  remedies  shall  be  kept  readily  accessible 
for  the  treatment  of  anyone  injured ;  provided,  that  in  all  mines 
where  three  hundred  or  more  men  are  employed,  a  first  aid 
corps  must  be  organized,  consisting  of  the  foreman  or  foremen, 
shift  bosses,  timekeepers,  and  other  employees,  designated  by 
the  operator  or  superintendent  of  the  mine  to  cause  the  or- 
ganization of  such ;  and  to  procure  the  services  of  a  competent 
surgeon  and  physician  to  instruct  the  members  of  such  first 
aid  corps  from  time  to  time,  not  less  than  once  in  each  calen- 
dar month,  in  the  proper  handling  and  treatment  of  injured 
persons  before  the  arrival  of  a  physician. 


MINING  LAWS  OF  AEIZONA  45 

Sec.  4070.  When  considered  necessary  by  the  mine  inspect- 
or, and  so  ordered  by  him,  the  operator  of  every  mine,  employ- 
ing ten  or  more  men  under  ground,  shall  make  and  maintain, 
or  cause  to  be  made  and  maintained,  a  reasonably  accurate  map 
of  the  workings  of  such  mine.  At  least  once  in  every  six 
months,  or  oftener,  if  necessary,  the  operator  or  engineer  of 
such  mine  shall  cause  to  be  shown  with  reasonable  accuracy 
on  the  map  of  said  mine,  all  the  excavations  made  therein  dur- 
ing the  time  elapsed  since  such  excavations  were  last  shown  on 
said  map,  and  all  parts  of  said  mine,  which  were  worked  or 
abandoned  during  said  elapsed  period  of  time,  shall  be  clearly 
indicated  on  said  map,  and  all  underground  workings  shall  be 
surveyed  and  mapped  before  they  are  allowed  to  become  in- 
accessible. Such  maps  shall,  at  all  times,  be  open  to  the  ex- 
amination of  the  mine  inspector  or  of  his  deputies. 

Sec.  4071.  (a)  All  explosives  must  be  stored  in  a  magazine 
provided  for  that  purpose  alone;  said  magazine  to  be  placed 
far  enough  from  the  working  shaft,  tunnel,  or  incline  to  insure 
the  same  remaining  intact  in  the  event  the  entire  stock  of  ex- 
plosives in  said  magazine  be  exploded ;  no  powder  or  other  ex- 
plosives shall  be  stored  in  underground  workings  where  men 
are  employed;  all  explosives  in  excess  of  the  amount  required 
for  twenty-four  hours'  work  must  be  kept  in  said  magazine; 
and  provided,  that  such  temporary  supply  shall  not  be  kept  at 
any  place  within  such  mine  where  its  accidental  discharge 
would  cut  off  the  escape  of  miners  working  therein.  Each 
mine  or  operator  shall  provide  a  suitable  device  for  thawing 
or  warming  powder  and  keeping  the  same  in  condition  for 
use,  and  no  powder  shall  be  thawed  except  in  such  device ;  oils 
or  other  combustible  substances  or  blasting  caps  shall  not  be 
kept  or  stored  in  the  same  magazine  with  explosives.  All 
nitroglycerine,  nitro  or  blasting  powder,  or  other  high  explos- 
ives sold  in  the  state  of  Arizona  shall  be  properly  marked  with 
the  date  of  manufacture  on  each  stick  of  powder,  and  no  nitro- 
glycerine, nitro  or  blasting  powder,  or  other  high  explosives 
shall  be  sold  or  used  after  twelve  months  from  date  of  manu- 
facture. 

(b)  The  mine  inspector  shall  have  the  authority  to  regulate 
and  limit  the  amount  of  blasting  or  nitro  powder  or  other  high 
explosives  stored  or  kept  in  general  supply  stores  in  mining 
camps  or  mining  towns  where  there  is  no  law  governing  the 
storage  of  same. 

(c)  No  person  shall,  whether  working  for  himself  or  in  the 
employ  of  any  person,  company,  or  corporation,  while  loading 
or  charging  a  hole  with  any  blasting  powder  or  other  high  ex- 
plosives, use  or  employ  any  steel  or  iron  tamping  bar ;  nor  shall 
any  mine  manager,  superintendent,  foreman,    shift    boss,    or 
other  person  having  the  management  or  direction  of  mine  labor, 


46  MINING  LAWS  OF  AKIZONA 

allow  or  permit  the  use  of  such  steel,  iron,  or  other  metal  tamp- 
ing bar  by  employees  under  his  management  or  direction. 

(d)  Every  person,  company,  or  corporation,  manufacturing, 
storing,  selling,  transferring,  dealing  in,  or  in  any  manner  dis- 
posing of  any  powder,  gun  powder,  giant  or  hercules  powder, 
giant  caps,  or  other  highly  explosive  substances,  shall  keep  in 
a  book  for  that  purpose  an  accurate  record  of  all  transactions, 
with  the  date  thereof,  relating  to  the  receiving  and  disposing 
of  the  same,  which  record  shall  show  the  amount  of  each  such 
explosive  received,  of  whom  received,  when  received,  disposi- 
tion made  of  such  explosive,  with  the  amount  thereof,  and  the 
name  of  the  person  to  whom  delivery  of  the  same  was  made, 
who  shall  be  required  to  receipt  therefor.     Such  record  shall 
at  all  times  be  open  to  the  inspection  of  the  state  mining  in- 
spector, or  any  peace  officer. 

(e)  Before  firing  charges,  warning  must  be  given  in  every 
direction  from  which  access  may  be  had  to  the  place  where 
blasting  is  going  on,  and  misfire  holes  shall  be  reported  to  the 
mine  foreman,  or  the  shift  boss,  in  charge  of  the  locality  of 
such  holes.    If  the  shots  are  fired  by  electricity,  the  place  must 
be  carefully  examined  before  men  are  permitted  to  work  there- 
in.   The  miner  in  charge  shall  further  instruct  those  employed 
in  clearing  away  the  loose  rock,  to  report  to  him  immediately 
the  finding  of  any  wires  in  or  under  the  loose  rock,  and  in  the 
event  of  such  being  discovered,  he  shall  at  once  order  the 
work  to  cease  until  the  wires  have  been  carefully  traced  to 
their  terminals  in  order  to  determine  whether  a  misfire  has 
occurred. 

Sec.  4072.  All  mines  having  but  one  exit,  and  the  same  cov- 
ered with  a  building  containing  the  mechanical  plant,  furnace 
room  or  blacksmith  shop,  shall  have  fire  protection,  water  if 
possible,  and  in  mines  where  water  is  not  available,  chemical 
fire  extinguishers  or  hand  grenades  shall  be  kept  in  convenient 
places  for  immediate  use. 

Sec.  4072.  It  is  hereby  made  the  duty  of  every  person,  com- 
pany, or  corporation,  who  shall  have  on  any  mine  a  vertical 
shaft  or  incline  to  a  greater  depth  than  one  hundred  feet,  and 
who  shall  have  drifted  on  or  along  the  vein  or  veins  a  distance 
of  two  hundred  feet  or  more,  and  shall  have  commenced  to 
stope  to  provide  and  maintain  to  the  hoisting  shaft  or  the  open- 
ing through  which  men  are  let  into  or  out  of  the  mine  and  the 
ore  is  extracted,  a  separate  escapement  shaft,  raise,  or  opening, 
or  an  underground  opening  or  communication  with  some  other 
contiguous  mine;  provided,  that  in  case  such  contiguous  mine 
belongs  to  a  different  person,  company,  or  corporation,  the 
right  to  use  the  outlet  through  such  contiguous  mine,  in  all 
cases  when  necessary,  or  in  case  of  accident,  must  be  secured 
and  kept  in  force.  Where  such  an  escapement  shaft  or  opening 
shall  not  be  in  existence  at  the  time  that  stoping  is  commenced, 


MINING  LAWS  OF  ARIZONA  47 

work  upon  such  an  escapement  shaft,  or  opening,  must  be  com- 
menced as  soon  as  stoping  begins  and  be  diligently  prosecuted 
until  same  is  completed,  and  said  escapement  shaft,  raise,  or 
opening  shall  be  continued  to  and  connect  with  the  lowest  work- 
ings in  the  mine.  The  exit,  eescapement  shaft,  raise,  or  open- 
ing, provided  for  in  this  section  must  be  of  sufficient  size  to 
afford  an  easy  passageway,  and  if  it  be  a  raise  or  shaft,  must 
be  provided  with  substantial  ladders  from  the  deepest  work- 
ings to  the  surface.  Whenever  the  exit  or  outlet  herein  pro- 
vided for  is  not  in  a  direct  or  continuous  course,  signboards 
plainly  marked  showing  the  direction  to  be  taken  must  be 
placed  at  each  departure  from  the  continuous  course. 

Sec.  4074.  (a)  No  person  addicted  to  the  use  of  intoxicating 
liquors  or  drugs,  or  under  eighteen  years  of  age,  shall  be  em- 
ployed as  a  hoisting  engineer. 

(b)  All  hoisting  machinery   using    steam,    electricity,    air, 
gasoline,  or  hydraulic  motive  powej",  for  the  purpose  of  hoist- 
ing from  or  lowering  into  mines,  employees  and  materials,  ex- 
cept prospect  shafts  not  exceeding  three  hundred  feet  in  depth, 
shall  be  equipped  with  an  indicator,  said  indicator  to  be  placed 
near  to  and  in  clear  view  or  hearing  of  the  engineer.    This  in- 
dicator must  be  in  addition  to  marks  on  the  rope,  or  cable,  or 
drum. 

(c)  It  shall  be  unlawful  to  hoist  men  out  of,  or  lower  men 
into,  a  mine  at  a  speed  greater  than  eight  hundred  feet  per 
minute.     When  it  is  shown  that  in  running  his  engine  at  a 
greater  speed  than  eight  hundred  feet  per  minute,  the  engine 
has  violated  the  orders  of  his  employers,  the  engineer  is  sub- 
ject to  penalty. 

(d)  All  hoisting  machinery  must  be  inspected  once  in  every 
twenty-four  hours  by  a  competent  person  appointed  by  the 
mine  manager  or  superintendent  for  that  purpose,  and  such 
inspector  shall  immediately  report  in  writing  to  said  manager 
or  superintendent  any  and  all  defects  found. 

(e)  All  ropes  or  cables  used  for  hoisting  purposes  shall  be 
of  approved  quality  and  manufacture;  and  in  shafts  and  win- 
zes of  over  two  hundred  feet  in  depth  wire  ropes  or  cables  only 
shall  be  used  for  hoisting  purposes. 

(f)  All  head  frames  where  men  are  hoisted  at  a  speed  of 
over  two  hundred  and  fifty  feet  per  minute,  and  where  more 
than  twenty-five  men  are  employed,  shall  be  so  constructed  as 
to  allow  at  least  twenty-five  feet  above  the  hoist  landing  stage, 
in  which  the  cage,  skip,  or  bucket  can  travel  freely  in  case  of 
an  overwind.     The  mine  inspector  may  grant  permission  for 
the  use  of  any  head  frame  erected  previous  to  the  enactment 
of  this  law,  which  does  not  comply  with  the  above  conditions. 

(g)  It  shall  be  unlawful  for  the  operator  of  any  mine  to 
permit  the  hoisting  or  lowering  of  men  in  any  shaft  deeper 
than  three  hundred  feet,  unless  an  iron-bonneted  safety  cage 


48  MINING  LAWS  OF  ARIZONA 

equipped  with  gates  at  least  five  feet  in  height  to  be  used  for 
the  hoisting  and  lowering  of  such  men ;  but  this  provision  shall 
not  apply  to  shafts  in  process  of  sinking;  every  cage  must 
have  overhead  bars  of  such  arrangement  as  to  give  every  man 
on  the  cage  an  easy  and  secure  handhold.  Every  cage  or  skip 
used  for  hoisting  men  must  be  provided  with  a  safety  catch  of 
sufficient  strength  to  hold  the  cage  or  skip  with  its  maximum 
load  at  any  point  in  the  shaft  in  the  event  that  the  hoisting 
cable  should  break.  The  inspector  or  his  deputy  must  see  that 
all  cages  and  skips  are  equipped  in  compliance  with  this  para- 
graph, and  that  on  all  cages  the  safety  catches  are  kept  well 
oiled  and  in  good  working  condition.  In  any  shaft  of  less  than 
three  hundred  feet  depth  where  no  safety  cage  is  used,  and 
where  cross-head  or  cross-heads  are  used,  platforms  for  em- 
ployees to  ride  upon,  equipped  with  safety  catches  as  for  cages 
and  skips  herein  provided,  shall  be  provided. 

(h)  All  vertical  shafts  more  than  two  hundred  feet  deep 
from  which  hoisting  is  done  by  means  of  a  bucket  must  be 
provided  with  suitable  guides,  and  in  connection  with  the 
bucket  there  must  be  a  cross-head  traveling  upon  these  guides. 
The  height  of  the  cross-head  shall  be  at  least  one  and  one-half 
times  its  width.  If  the  cross-head  be  a  type  that  is  not  secured 
to  the  hoisting  rope,  a  stopper  of  design  to  be  approved  by  the 
mine  inspector  must  be  securely  and  rigidly  fastened  to  the 
hoisting  rope  at  a  suitable  point  above  the  rim  of  the  bucket. 

(i)  The  number  of  persons  permitted  to  ride  on  the  deck 
of  a  cage  or  in  or  on  a  skip,  or  bucket,  shall  be  determined  by 
the  mine  inspector,  and  in  no  case  shall  more  than  the  number 
of  men  permitted  by  the  mine  inspector  be  allowed  to  ride  on 
the  deck  of  such  cage  or  in  or  on  such  skip  or  bucket.  No 
person  shall  ride  upon  a  cage  or  in  or  on  a  skip  or  bucket  when 
loaded  with  rock  or  ore. 

(j)  When  tools,  timber,  or  other  materials  are  to  be  loaded 
or  hoisted  in  the  shaft,  the  ends,  if  projecting  above  the  top  of 
the  bucket,  skip,  or  other  vehicle,  shall  be  securely  fastened  to 
the  hoisting  rope  or  to  the  upper  part  of  the  vehicle,  and  tools, 
timber,  or  other  material  loaded  erectly  upon  a  cage  must  be 
securely  lashed  before  being  hoisted  or  carried. 

(k)  No  person  shall  ride  upon  any  cage,  skip,  or  bucket, 
that  is  loaded  with  tools,  timber,  powder,  or  other  material,  ex- 
cept for  the  purpose  of  assisting  in  passing  these  through  the 
shaft. 

(1)  In  no  case  shall  a  cage,  skip,  or  bucket,  or  other  vehicle, 
be  lowered  directly  to  the  bottom  of  a  shaft  when  men  are 
working  there,  but  must  be  stopped  at  least  fifteen  feet  above 
the  botton  until  the  signal  to  lower  further  has  been  given  by 
one  of  the  men  at  the  bottom  of  the  shaft.  This  rule  shall  not 
apply  to  shafts  less  than  fifty  feet  in  depth. 

(m)     Persons  engaged  in  deepening  a  shaft  in  which  regu- 


MINING  LAWS  OF  AEIZONA  49 

lar  hoisting  from  any  upper  level  is  going  on  shall  be  protect- 
ed from  the  danger  of  falling  material  by  a  suitable  covering, 
sufficient  opening  in  the  covering  only  being  left  for  the  pass- 
age of  the  bucket  or  other  conveyance  used  in  the  sinking 
operations. 

(n)  In  shafts,  winzes,  or  raises,  where  two  or  more  crews 
of  men  are  working  one  crew  above  another,  there  shall  be  a 
bulkhead  between  each  two  crews  of  men,  strong  enough  to 
stop  any  tools  or  other  material  that  may  fall  from  the  men 
working  above,  and  only  the  cage,  skip,  or  bucket  compart- 
ment to  be  left  open. 

(o)  All  shafts  or  winzes  shall  have  a  bulkhead  over  the 
men  working  in  the  bottom  of  the  shaft  or  winze.  Said  bulk- 
head shall  be  built  of  timber  not  less  than  six  inches  in  thick- 
ness, and  said  bulkhead  shall  be  not  more  than  fifty  feet  above 
the  bottom  of  said  shaft  or  winze,  and  provide  ample  protec- 
tion for  the  men  working  in  the  bottom  of  said  shaft  or  winze, 
and  shall  be  so  constructed  as  not  to  shut  off  the  air  circula- 
tion; the  cage,  skip,  or  bucket  compartment  only  to  be  left 
open.  All  shafts  or  winzes  shall  be  cleaned  down  below  the 
bulkhead  after  each  blasting. 

(p)  Windlasses  and  whims  in  use  at  or  in  mines  shall  be 
provided  with  a  suitable  plug  or  some  other  reliable  device  to 
prevent  running  back  of  the  bucket  or  other  conveyance. 

(q)  No  open  hook  shall  be  used  with  a  bucket  in  hoisting, 
but  only  some  approved  form  of  safety  hook  or  shackle  hook. 

(r)  A  release  signal  of  one  bell  to  the  hoisting  engineer 
shall  be  given  to  release  the  cage,  skip,  or  bucket  after  it  has 
been  stopped  at  any  station,  to  obviate  the  danger  of  move- 
ment of  such  cage,  skip,  or  bucket  to  any  other  station  or  point 
in  shaft. 

(s)  At  any  mine  where  men  are  hoisted  by  mechanical 
means,  a  hoistman  charged  with  the  hoisting  thereof  shall  be 
kept  on  duty  at  the  hoist  at  all  times  when  men  are  under- 
ground. 

Sec.  4075.  (a)  Every  mine  shall  have  at  least  two  outlets  to 
the  surface,  except  as  hereinbefore  provided.  Such  outlets 
must  not  lead  to  the  surface  in  one  and  the  same  house,  and 
must  not  at  any  point  be  nearer  to  one  another  than  thirty 
feet.  In  the  event  that  two  oultets  of  any  mine,  or  part  of 
them,  do  not  belong  to  the  same  mine,  the  owners  and  oper- 
ators of  the  respective  mines  shall  be  responsible  for  the  out- 
let, or  part  of  it,  in  their  respective  mines,  being  kept  in  proper 
repair;  and  should  any  obstruction  arise  in  any  such  outlet, 
or  anything  occur  in  one  of  the  mines  to  jeopardize  the  safety 
of  the  outlet,  the  occurrence  shall  be  immediately  reported  to 
the  owner,  manager,  or  superintendent  of  the  other  mine  or 
mines.  If  either  of  the  two  outlets  or  part  of  them  be  situated 
in  an  abandoned  mine  or  mines,  the  operators  of  the  working 


50  MINING  LAWS  OF  ARIZONA 

mine  or  mines  shall  be  jointly  and  severally  responsible  for  the 
proper  maintenance  and  repair  of  such  outlet  or  outlets. 

(b)  At  every  mine  where  a  single  shaft  be  allowed  to  afford 
the  only  means  of  ingress  and  egress  to  the  persons  employed 
underground,  such  shaft,  if  more  than  two  hundred  feet  deep, 
shall  be  divided  into  at  least  two  compartments,  and  one  of 
the  compartments  shall  be  set  aside  for  a  ladderway,  which 
must  be  equipped  as  hereinafter  provided.     Whenever  such  a 
single  shaft  be  covered  by  a  building  not  absolutely  fireproof, 
the  ladderway  shall  be  securely  bulkheaded  at  a  point  at  least 
twenty-five  feet  below  the  collar  of  the  shaft,  and  below  this 
bulkhead,  if  the  shaft  is  situated  upon  a  side  hill,  a  drift  shall 
be  driven  to  the  surface;  if  the  shaft  be  situated  in  a  level 
country,  this  drift  shall  be  driven  to  a  safe  distance  beyond 
the  walls  of  the  building,  but  in  no  case  less  than  thirty  feet, 
and  from  there  a  raise  shall  be  made  to  the  surface.    This  raise 
shall  be  equipped  with  a  ladderway,  and  it,  together  with  the 
drift  connecting  with  the  main  shaft,  shall  be  kept  in  good  re- 
pair and  shall  afford  a  safe  escape  in  the  event  of  fire. 

(c)  After  the  enactment  of  this  law,  no  structure  shall  be 
erected  over  an  outlet  of  a  mine,  except  the  head-frame  neces- 
sary for  hoisting  from  a  shaft  and  the  hatch  or  door  necessary 
for  hoisting  from  a  shaft  and  the  hatch  or  door  required  to 
protect,  from  inclemency  of  the  weather,  men  obliged  to  work 
at  the  top  of  a  shaft.    If,  for  the  latter  purpose,  a  house  be  re- 
quired, the  mine  inspector  may,  in  writing,  grant  permission 
for  its  construction,  but  such  a  house  must  be  as  small  as  pos- 
sible, must  be  constructed  of  uninflammable  material,  and  -the 
storage  of  any  inflammable  material  inside    of   it,    or    within 
thirty  feet  of  it,  is  prohibited.    In  the  case  of  existing  houses 
covering  the  mouths  of  the  shafts  and  adits,  no  inflammable 
material  shall  be  stored  inside  of  them;  nor  outside  of  them 
within  a  distance  of  thirty  feet  from  the  exterior  walls  of  the 
house. 

(d)  Every  adit  of  which  the  mouth  is  covered  by  a  house 
or  building  of  any  kind  shall  be  provided  with  a  fireproof  door, 
near  the  mouth  of  the  adit,  that  can  be  closed  from  outside  of 
the  building  by  means  of  a  pull  wire  or  cable,  so  as  to  keep  the 
gases  of  combustion  from  entering  the  mine  in  the  event  that 
fire  destroys  the  building  at  the  mouth  of  the  adit. 

(e)  Every  shaft,  winze,  raise,  or  incline,  of  steeper  slope 
than  forty  degrees  from  the  horizontal  and  deeper  than  forty 
feet,  through  which  men  are  obliged  to  travel,  shall  be  pro- 
vided with  a  ladderway.     Suitable  ladders,  or  footways,  shall 
be  provided  to  connect  floors  of  sets  in  stopes,  and  other  places 
requiring  communication  in  a  mine.     Every  shaft  shall  have, 
in  addition  to  any  mechanical  means  of  ingress  and  egress,  at 
least  one  proper  ladder  or  footway  communicating  from  the 
lowest  workings  of  the  mine  to  the  surface. 


MINING  LAWS  OF  ARIZONA  51 

(f)  Permanent  ladderways,  used  for  the  ascent  or  descent 
of  persons  in  the  mine  shall  be  sufficiently  strong  for  the  pur- 
pose demanded,  and  shall  be  firmly  fastened  and  kept  in  good 
repair.    In  a  vertical  shaft  the  mine  inspector  may,  in  his  own 
discretion,  by  an  order  in  writing,  direct  that  the  ladder  shall 
be  inclined  at  the  most  convenient  angle  which  the  space  in 
which  the  ladder  is  fixed  allows,  and  every  such  ladder  shall 
have  substantial  platforms  at  intervals  of     not     more     than 
twenty  feet. 

The  said  platform  shall  be  closely  covered,  with  the  excep- 
tion of  an  opening  large  enough  to  permit  the  passage  of  a 
man,  and  shall  be  so  arranged  that  by  no  means  could  a  per- 
son fall  from  one  ladder  through  the  opening  to  the  next 
ladder. 

(g)  Ladderways  shall  be  provided  in  all  shafts  in  the  course 
of  sinking  to  within  such  distance  from  the  bottom  as  will  se- 
cure them  from  damage  by  blasting,  but  from  the  end  of  such 
ladderways,  portable  ladders  shall  be  extended  to  the  bottom 
of  the  shaft. 

(h)  All  stations  or  levels  shall  have  a  passageway  around 
the  working  shaft  so  that  crossing  over  the  hoisting  compart- 
ments may  be  avoided.  All  sumps  shall  be  securely  planked 
over.  At  all  shaft  stations  a  gate  or  a  guard  rail  must  be  pro- 
vided and  kept  in  place  across  the  shaft,  except  when  cage, 
skip,  or  bucket  is  being  loaded,  but  this  prohibition  shall  not 
forbid  the  temporary  removal  of  the  gate  or  rail  for  the  pur- 
pose of  repairs  or  other  operations,  if  proper  precaution  to 
prevent  danger  to  persons  is  taken. 

(i)  The  top  of  every  mining  shaft  shall  be  protected  by  a 
substantial  gate,  guard  rail,  or  chain. 

(j)  Winzes  or  raises  shall  not  be  started  in  the  direct  line 
of  a  drift,  but  shall  be  offset  from  the  drift.  And  every  winze 
or  raise  now  opening  from  below  directly  on  any  drift  or  tun- 
nel, traveled  by  men,  shall  be  covered  with  a  grizzly  or  by 
doors. 

(k)  The  opening  of  such  offset  winze  shall  be  protected  by 
a  fence  or  guard  rail  not  less  than  three  feet  or  more  than  four 
feet  in  height  above  the  level  of  the  drift. 

(1)  Existing  winzes,  sumps,  and  all  other  openings  in  the 
floor  of  a  drift  or  stope  must  be  kept  covered  by  a  substantial 
hatch,  or  planking,  or  provided  with  guard  rails. 

Sec.  4076.  An  adequate  amount  of  pure  air  shall  be  made 
to  circulate  through  and  into  the  shafts,  winzes,  levels,  and 
other  working  places  of  every  mine,  in  such  quantity  as  will 
maintain  the  same  in  a  fit  state  for  working  and  passing  there- 
in, and  in  all  dry  places  where  the  operation  of  a  power  drill 
will  produce  dust,  all  power  drills  used  therein  shall  be 
equipped  with  a  spraying  device,  and  an  adequate  spraying 
system  shall  be  installed  and  used  to  settle  all  dust  or  gases 


52  MINING  LAWS  OF  AEIZONA 

that  may  be  created.  The  total  quantity  of  carbon  dioxide 
present  in  the  air  shall  not  exceed  0.25  per  cent  by  volume, 
except  that  at  any  place  where  firing  of  explosives  has  been 
done  a  higher  percentage  of  carbon  dioxide  shall  be  permissi- 
ble for  a  reasonable  length  of  time  after  the  last  explosion, 
and  the  operator  shall  provide  respirators  whenever  needed. 
Waste  timber  in  underground  workings  shall  not  be  piled  up 
and  permitted  to  decay,  but  shall  be  removed  as  soon  as  prac- 
ticable. 

Sec.  4077.  (a)  Stationary  lights,  deemed  sufficient  by  the 
mine  inspector  or  deputy  thereof,  shall  be  provided  during 
working  hours  at  all  stations  in  vertical  and  inclined  shafts 
during  the  time  while  in  actual  use;  and  also  at  all  stations 
in  levels  where  hoisting  or  hauling  is  effected  by  means  of 
machinery;  and  also  at  night  at  all  working  places  on  the 
surface. 

(b)  No  candles  shall  be  left  burning  in  a  mine,  or  any  part 
of  a  mine,  when  the  person  using  the  candle  departs  from  his 
work  for  the  day. 

Sec.  4078.  (a)  When  advancing  a  drift,  adit,  level,  or  incline 
toward  a  mine  working  that  is  suspected  to  be  filled  with 
water,  a  bore  hole  must  be  kept  at  least  twenty  feet  in  ad- 
vance of  the  breast  of  the  drive;  and  also  if  necessary  in  di- 
rections laterally  from  the  course  of  the  drive.  Such  a  work- 
ing place  must  not  exceed  six  feet  in  width  and  such  additional 
precautionary  measures  shall  be  taken  as  may  be  deemed  nec- 
essary by  the  mine  inspector  or  deputy  to  obviate  the  danger 
of  a  sudden  breaking  through  of  water. 

(b)  No  raise  shall  be  allowed  to  approach  within  ten  feet 
of  any  portion  of  a  winze,  or  a  stope,  in  which  there  is  a  dan- 
gerous accumulation  of  water,  unless  such  winze  or  stope  be 
first  unwatered  by  bailing  or  pumping,  or  by  means  of  a  bore 
from  the  raise. 

(c)  In  every  mine  where,  in  the  opinion  of  the  mine  in- 
spector, there  is  a  danger  of  a  sudden  inrush  of  water,  such 
additional  raises,  drifts,  or  other  workings  shall  be  constructed 
as  are  necessary  to  insure  the  escape  of   workmen   from   the 
lower  workings;  and  all  sumps,  and  places  for  the  storage  of 
water  in  mines,  shall  be  so  constructed  as  to  prevent  leakage, 
as  far  as  possible,  and  insure  the  safety  of  the  men  working 
below  the  same. 

(d)  It  shall  not  be  lawful  for  any  operator  to  impound 
water  or  to  keep  water  impounded  within  any  mine  in  which 
men  are  working  below  the  water  so  impounded,  in  such  man- 
ner as  to  endanger  the  safety  of  such  men,  unless  said  water 
be  impounded  by  a  dam  or  dams,  or  wall  or  walls,  approved 
by  the  mine. inspector  or  a  deputy  mine  inspector. 

Sec.  4079.  Boys  under  eighteen  years  of  age  shall  not  be 
employed  underground  in  a  mine. 


MINING  LAWS  OF  ARIZONA  53 

Sec.  4080.  No  intoxicated  person  shall  be  allowed  to  enter 
a  mine.  No  intoxicated  person  shall  be  allowed  to  remain  in 
a  mine.  No  intoxicating  liquors  shall  be  taken  into  a  mine. 

Sec.  4081.  Strangers  and  visitors  shall  not  be  allowed  un- 
derground unless  accompanied  by  the  owner,  official  or  em- 
ployee deputized  to  accompany  them. 

Sec.  4082.  Every  mine  employing  twenty-five  men  or  more 
shall  maintain  and  suitably  equip  a  heated  washroom  and 
changeroom,  immediately  contiguous  to  said  mine,  which  shall 
at  all  times  be  open  to  employees. 

Sec.  4083.  No  person  shall  knowingly  injure  or  destroy  a 
water-gauge,  barometer,  air-course,  brattice,  or  other  equip- 
ment, or  machinery  of  any  mine;  nor,  unless  lawfully  author- 
ized so  to  do,  obstruct  or  open  an  air-way,  handle  or  disturb 
any  part  of  the  machinery  of  the  hoisting  engine  of  the  mine, 
open  the  door  of  a  mine  and  neglect  to  close  it,  endanger  the 
mine  or  those  working  therein,  disobey  an  order  given  in  pur- 
suance of  law,  or  do  a  wilful  act  whereby  the  lives  or  health 
of  persons  working  in  such  mine,  or  the  security  of  a  mine,  or 
the  machinery  connected  therewith,  may  be  endangered. 

Sec.  4084.  Notices  shall  be  placed  by  the  superintendent,  or 
under  his  direction  by  the  mine  foreman  or  shift  boss,  at  the 
entrance  to  any  working  place  deemed  dangerous,  and  at  the 
entrance  to  old  or  abandoned  workings;  and  no  person  other 
than  those  authorized  by  the  operator,  manager,  or  superin- 
tendent, shall  remove  or  go  beyond  any  caution-board  or  dan- 
ger signal  so  placed. 

Sec.  4085.  At  any  mine  employing  twenty-five  or  more  men 
underground,  the  operator  shall  provide,  and  keep  in  a  readily 
accessible  place,  at  least  two  fire  fighting  helmets  in  condition 
to  be  used  in  case  of  emergency;  also  the  operator  or  superin- 
tendent of  such  mine  shall  provide  training  for  a  crew  in  the 
use  of  said  helmets,  and  tests  at  least  once  monthly  of  the 
helmets  by  the  actual  use  thereof  by  such  crew  shall  be  made. 

Sec.  4086.  (a)  Every  shaft  and  each  compartment  thereof 
used  for  hoisting,  if  exceeding  fifty  feet  in  depth,  and  not  ex- 
empted in  writing  by  the  mine  inspector,  shall  be  provided 
with  an  efficient  means  of  interchanging  distinct  and  definite 
signals  between  the  top  of  the  shaft  and  the  lowest  level  from 
which  hoisting  is  being  done,  and  the  various  intermediate 
levels  for  the  time  being  in  use.  The  signalling  apparatus  shall 
be  either  wire  or  cable,  actuating  a  bell  or  whistle,  or  a  speak- 
ing tube,  or  a  telephone,  or  an  electric  system,  or  two  or  more 
of  these  may  be  used  in  conjunction. 

(b)  In  mines  where  a  station  tender  is  employed  no  person 
shall  ring  any  signal  bell  except  the  station  tender,  except  in 
case  of  danger,  or  when  the  main  shaft  is  being  sunk. 

Sec.  4087.  Electric  trolley  wires  in  all  mines  now  equipped 
with  same  shall  be  at  least  six  and  one-half  feet  above  the 


54  MINING  LAWS  OF  AKIZONA 

floor  and  in  all  mines  hereafter  so  equipped  at  least  seven  feet 
above  the  floor. 

Sec.  4088.  The  following  signal  code  shall  be  used  in  all 
mines : 

1  bell,  stop  immediately  if  in  motion. 

1  bell,  hoist  muck. 

1  bell,  release  cage,  skip,  or  bucket. 

2  bells,  lower. 

3-1  bells,  hoist  men.         (  NOTE :  If  bells  rung  slowly, 
3-2  bells,  lower  men.        (  move  slowly. 

5  bells,  blasting  or  ready  to  shoot  signal. 

This  is  a  caution  signal  and  if  the  engineer  is  prepared  to 
accept  it  he  must  acknowledge  by  raising  the  bucket  or  cage 
a  few  feet  then  lowering  it  again.  After  accepting  this  signal 
the  engineer  must  be  prepared  to  hoist  men  away  from  the 
blast  as  soon  as  the  signal,  1  bell,  is  given  and  must  accept  no 
other  signal  in  the  meantime. 

4  bells,  steam  on  or  off. 

6  bells,  air  on  or  off. 

7  bells,  danger  signal.     Followed  by    station    signal,    calls 
cage  to  that  station. 

This  signal  takes  precedence  over  all  other  except  an  ac- 
cepted blasting  signal. 

STATION  SIGNALS. 

Name  of  Name  of 

Bells  Station  Bells  Station 

1-2 Collar  of  Shaft  4-2 10 

1-3 1  4-3.... 11 

1-4 2  4-4 12 

1-5 3  4-5 13 

2-1 4  5-1 14 

2-2 5  5-2 15 

2-3 6  5-3 16 

2-4 7  5-4 17 

2-5 8  5-5 18 

4-1 9 

Station  signal  must  be  given  before  hoisting  or  lowering 
signal. 

The  engineer  shall  not  move  a  cage,  skip,  or  bucket,  unless 
he  understands  the  signal. 

One  copy  of  this  signal  code  shall  be  posted  on  the  head 
frame,  one  at  the  east  station,  and  one  before  the  engineer. 

Sec.  4089.  Special  signals  in  addition  to  the  above  may  be 
used  at  any  mine,  provided  they  are  easily  distinguished  by 
their  sound,  or  otherwise,  from  the  foregoing  code,  and  do  not 
interfere  with  it  in  any  way. 

Sec.  4090.  It  shall  be  the  duty  of  the  superintendent  of  ev- 
ery mine  within  the  provisions  of  this  chapter  to  keep  at  all 


MINING  LAWS  OF  ARIZONA  55 

times  in  the  office  of  said  mine  and  in  the  timekeeper's  office 
thereof,  in  an  accessible  place  and  subject  to  inspection  by  all 
workmen  and  persons  interested  in  the  same,  at  least  one 
printed  copy  of  this  chapter. 

Sec.  4091.  Any  person  who  violates  any  of  the  provisions 
of  this  chapter  where  other  penalty  is  not  expressly  provided 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  three  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  less  than  thirty  days  or  not  to  exceed  one  year, 
or  both  such  fine  and  imprisonment. 

AN  ACT  VALIDATING  MINING  LOCATIONS. 

Section  1.  That  no  relocation  of  an  abandoned  Mining  Claim 
made  prior  to  the  12th  day  of  March,  1907,  shall  be  held  to  be 
invalid  upon  the  ground  that  the  notice  of  relocation  did  not 
state  that  said  claim  was  in  part  or  in  whole  an  abandoned 
mining  claim. 

Section  2.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  18,  1909. 

MISCELLANEOUS  PROVISIONS  OF  ARIZONA  LAW 
AFFECTING  MINING  CLAIMS. 

The  Probate  Laws  provide  for  summary  sales  of  mining 
claims  and  interests  therein  belonging  to  Estates,  by  order  of 
the  Probate  Court,  and  for  the  granting  of  options  of  purchase 
by  guardians  of  minors. 

The  chapter  on  Injunctions  provides  that  no  injunction 
against  operating  mining  claims  shall  be  granted  by  the  courts 
except  upon  previous  notice  to  owners. 

AN  ACT.  TO  AMEND  PARAGRAPH  3654,  CHAPTER  II, 
TITLE  XXIX,  OF  THE  REVISED  STATUTES  OF  ARI- 
ZONA, 1913,  CIVIL  CODE,  RELATING  TO  LIENS  ON 
MINES  AND  MINING  CLAIMS,  AND  EXEMPTING 
CLAIMS  UNDER  BOND  AND  LEASE  FROM  THE  PRO- 
VISIONS THEREOF  BY  COMPLYING  WITH  CERTAIN 
CONDITIONS  HEREIN  PROVIDED  FOR. 

(Chapter  67,  Laws  of  1915.) 

Section  1.  That  Paragraph  3654,  Title  29,  Chapter  2,  Revised 
Statutes  of  Arizona,  1913,  Civil  Code,  be  and  the  same  is  hereby 
amended  to  read  as  follows : 

"3654.  All  miners,  laborers  and  others  who  may  labor,  and 
all  persons  who  may  furnish  material  or  merchandise  of  any 


56  MINING  LAWS  OF  ARIZONA 

kind,  designed  or  used,  in  or  upon  any  mine,  or  mining  claim, 
and  to  whom  any  sum  is  due  for  such  labor  or  material  or  mer- 
chandise, shall  have  a  lien  upon  the  same  for  such  sums  as  are 
unpaid.  And  said  lien  for  labor  performed,  or  material  or  mer- 
chandise furnished,  shall  attach  to  said  mine,  or  mining  claim, 
whenever  said  labor  was  performed,  or  said  material  or  mer- 
chandise was  furnished  in  or  upon  said  mine  or  mining  claim, 
under  any  of  the  following  conditions : 

(1).  Under  or  by  virtue  of  a  contract  between  the  person 
performing  such  labor,  or  furnishing  said  material  or  merchan- 
dise, and  the  owner  of  said  mining  claim,  or  his  agent,  trustee, 
receiver,  contractor  or  contractors. 

(2).  Under  or  by  virtue  of  a  contract  between  the  person 
performing  such  labor,  or  furnishing  said  material  or  merchan- 
dise, and  the  lessee  of  said  mine  or  mining  claim,  or  his  agent, 
or  contractor,  where  the  terms  of  the  lease  from  the  owner  of 
said  mine  or  mining  claim,  to  said  lessee,  permit  said  lessee  to 
develop  or  work  said  mine  or  mining  claim. 

(3).  Under  or  by  virtue  of  a  contract  between  persons  per- 
forming said  labor,  or  furnishing  said  material  or  merchandise, 
and  any  person  or  corporation  having  an  option  to  buy,  or  con- 
tract to  purchase  said  mine  or  mining  claim,  from  the  owner 
thereof,  where  said  option  or  contract  permits  the  person  or 
corporation,  having  said  option  to  buy,  or  contract  to  purchase, 
to  go  upon  said  mine  or  mining  claim,  and  to  work  or  develop 
the  same. 

The  lien  herein  provided  for  shall  attach  to  the  mine  or  min- 
ing claim  in,  or  on  which  said  labor  was  performed,  or  material 
or  merchandise  furnished,  in  preference  to  any  prior  lien  or  en- 
cumbrance, or  mortgage  upon  said  mine  or  mining  claim,  ex- 
cept such  liens,  encumbrances,  or  mortgages  which  may  have 
attached  to  any  mine  or  mining  claim,  prior  to  December  5, 
1912. 

Provided,  that  the  provisons  of  this  paragraph  shall  not  apply 
to  any  mine  or  mining  claim  worked  under  lease,  bond,  or 
option,  by  any  person,  partnership,  association,  company,  or 
corporation,  under  lease  from  the  owner  thereof,  when  the 
owner  of  such  mine  or  mining  claim  shall  have  posted  at  the 
collar  of  all  working  shafts,  tunnels  or  entrances  to  the  mine, 
entrances  to  all  boarding  nouses,  and  shall  have  mailed  by 
registered  mail  to  the  secretary  of  any  labor  union  at  such 
camp,  if  any  exist,  the  notice  provided  for  in  section  two  of  this 
act,  on  or  before  the  day  the  lessee  or  those  working  said  claim 
under  bond,  lease  or  option  to  buy  begin  operations  and  shall 
file  for  record  in  the  office  of  the  county  recorder  of  the  county 
within  which  such  mine  or  mining  claim  is  situated,  within 
thirty  days  from  the  date  of  such  lease,  bond  or  option  of  said 
claim,  a  notice  to  the  effect  that  said  mine  or  mining  claim  will 
not  be  subject  to  the  lien  provided  for  in  this  act,  and  the 


MINING  LAWS  OF  AEIZONA  57 

owner  or  owners  of  said  mine  or  mining  claim,  will  not  be 
responsible  for  any  debts  of  said  person,  partnership,  associa- 
tion, company,  or  corporation  operating  or  working  said  mine 
or  mining  claim  under  lease,  bond  or  option;  and  provided 
further,  the  leassee  of  said  mine  shall  keep  said  notices  posted 
upon  said  claim  or  claims,  and  upon  his  failure  to  do  so  shall 
be  deemed  guilty  of  a  misdemeanor. 

It  is  hereby  made  the  duty  of  the  county  recorder  to  record 
all  such  notices  upon  the  payment  of  a  recording  fee  of  one 
dollar  ($1.00). 

Sec.  2.  The  notice  provided  for  in  section  one  shall  be  sub- 
stantially as  follows: 

NOTICE  OF  NON  LIABILITY  FOR  LABOR  OR  MATERIALS 

FURNISHED. 

Notice  is  hereby  given  to  all  persons,  that  the  undersigned 

is  the  owner  of 

mine  or  mining  claim,  hereinafter  described,  with  all  the  im- 
provements thereon. 

That  said  mine  or  mining  claim  is  now  in  the  possession  of 

and  is  being  worked  and  operated  by ,  pursuant 

to  a  contract  (or  option  to  purchase  or  lease)  made  and  exe- 
cuted by  the  undersigned  in  favor  of  said 

dated ;  said  contract  to  be  in  force  up  to  and 

including  the day  of ,  19 .... 

The  undersigned  is  not  working  or  operating  said  mine  or 
mining  claim,  or  any  part  thereof,  and  does  not  intend  to  work 
or  operate  said  mine  or  mining  claim,  or  any  part  thereof,  or 
purchase  any  supplies  or  materials  therefor,  during  the  life 
of  said  contract  with  said 

The  name  of  said  mine  or  mining  claim  is. 

,  situate,  lying  and  being  in 

mining  district,  in County,  in  the  State  of 

Arizona.  The  location  notice  of  said  mine  or  mining  claim 

being  duly  recorded  in  book at  page of  notices  of 

location  of  mining  claims,  in  the  office  of  the  County  Recorder 

of  said County,  State  of  Arizona,  to  which  book 

and  page  reference  is  hereby  made  for  a  more  particular  des- 
cription of  said  mine  or  mining  claim. 

In  witness  whereof,  the  said 

has  hereunto  set  his  hand  this day  of ,  19. ... 


Witness : 


Sec.  3.     All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


» > 


58 


MINING  LAWS  OF  ARIZONA 


End 
Monument 

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300  ft.        0    t      300  ft. 


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End 
Monument 


go 

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This  diagram  is  to  give  locator  a  general  idea  of  plan  of 
location  under  the  new  law.  The  Discovery  Shaft  can  be  in 
the  center  of  claim  or  any  distance  from  either  end  desired.  In 
the  diagram  it  is  placed  500  feet  from  one  end  and  1000  feet 
from  the  other.  Commence  description  of  claim  at  a  center 
end  monument,  giving  its  distance  and  direction  from  center  of 
Discovery  Shaft;  thence  bound  the  claim  in  either  direction. 
In  description  be  careful  to  state  locality  of  claim  with  refer- 
ence to  some  natural  object,  or  permanent  monument,  as  will 
identify  the  claim.. 


MINING  LAWS  OF  ARIZONA  59 

ARIZONA  FORM  OF  LOCATION  NOTICE. 

NOTICE  OF  MINING  LOCATION 
Lode  Claim 

To  All  Whom  It  May  Concern: 

This  mining  claim,  the  name  of  which  is  the mining 

claim,  situate  on  lands  belonging  to  the  United  States  of  Amer- 
ica, and  in  which  there  are  valuable  mineral  deposits,  was  en- 
tered upon  and  located  for  the  purposes  of  exploration  and 

purchase  by (Locator  must  insert  either  "a 

citizen  of  the  United  States,"  or  "who  has  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States")  the  under- 
signed, on  the day  of ,  19 .... 

claim feet,  in  a direction  and 

feet  in  a direction  from  the  center  of  the 

discovery  shaft,  at  which  this  notice  is  posted,  lengthwise  of  the 

claim,  together  with feet  in  width  of  the  surface 

grounds,  on  each  side  of  the  center  of  said  claim.    The  general 

course  of  the  lode  deposit  and  premises  is  from  the to 

the 

The  claim  is  situated  and  located  in  the mining 

district,  in County,  in  the  State  of  Arizona, 

about in  a  direction  from 

The  surface  boundaries  of  the  claim  are  marked  upon  the 

ground  as  follows :     Beginning  at at  a  pomt  in  a 

direction feet   from   the    discovery 

shaft  (at  which  this  notice  is  posted,)  being  in  the  center  of  the 

end  line  of  said  claim ;  thence 

feet  to  a ,  being  the corner  of  said 

claim ;  thence feet  to  a being  at  the 

corner  of  said  claim ;  thence feet  to 

a at  the  center  of  the end  of  said 

claim ;  thence feet  to  a ,  being  at  the 

corner  of  said  claim ;  thence feet  to  a 

at  the . , corner  of  said  claim ; 


60  MINING  LAWS  OF  ARIZONA 

thence feet  to  the  place  of  beginning. 

All  done  under  the  provisions  of  Chapter  Six,  of  Title 
XXXII,  of  the  Kevised  Statutes  of  the  United  States,  and  of 
the  laws  of  the  State  of  Arizona. 

Dated  and  posted  on  the  ground  this day  of 

,  19.... 

Witness . .  


ARIZONA 

AFFIDAVIT  OF  LABOR  PERFORMED  AND  IMPROVE- 
MENTS MADE. 

State  of  Arizona, 

County  of — ss. 

,  being  duly  sworn,  deposes  and 

says  that  he  is  a  citizen  of  the  United  States  and  more  than 

twenty-one  years  of  age,  and  resides  at . . . in 

County,  State  of  Arizona,  and  is  personally 

acquainted  with  the  mining  claim  known  as 

mining  claim,  situate  in Mining 

District,  County  of State  of  Arizona, 

the  location  notice  of  which  is  recorded  in  the  office  of  the 

County  Recorder  of  said  County,  in  Book of 

records  of  Mines,  at  page ;  that  between  the day 

of ,  A.  D.  19...,  and  the day  of , 

A.  D.  19. . .,  at  least dollars'  worth  of  work 

and  improvements  were  done  and  performed  upon  said  claim, 
not  including  the  location  work  of  said  claim.  Such  work  and 
improvements  were  made  by  and  at  the  expense  of 


owner . .  of  said  claim,  for  the  purpose  of  complying  with  the 
law  of  the  United  States  pertaining  to  assessment  of  annual 
work,  and 


were  the  men  employed  by  said  owner,  .and  who  labored  upon 


MINING  LAWS  OF  ARIZONA  61 

said  claim,  did  said  work  and  improvements,  the  same  being  as 
follows,  to-wit :    


Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  19.... 


Notary  Public. 
(My  commission  expires ) 


AFFIDAVIT   OF   LABOR    PERFORMED   AND   IMPROVE- 
MENTS MADE  ON  GROUP  OF  CLAIMS. 

State  of  Arizona,  County  of ss. 

,  being  duly  sworn  deposes 

and  says  that  he  is  a  citizen  of  the  United  States  and  more 

than  twenty-one  years  of  age,  and  resides  at 

in County  of  State  of  Arizona,  and  is 

personally  acquainted  with  those  certain  mining  claims  and 

premises  located  and  known  as  the mining 

claim  or  lode,  and  the mining  claim  or 

lode,  both  situated  in  the  Vulture  Mining  District,  County  of 
Maricopa  and  State  of  Arizona,  and  notices  of  location  of 
which  mining  claims  and  premises  are  recorded  in  the  office 
of  the  County  Recorder  of  said  County  of  Maricopa,  as  follows, 
to-wit : 

The  location  notice  of  said mining  claim 

in  Book ,  page ,  of  Records  of 

Mines,  and  the  location  notice  of  said mining 

claim  in  Book of  Records  of  Mines  at  page 

That  between  the day  of 

A.  D.  19. . .,  and  the day  of , 

A.  D.  19...,  at  least  two  hundred  (200)  dollars'  worth  of 
work  and  improvements  were  done  and  performed  upon  said 
mining  claims,  not  including  the  loca- 
tion work  of  either  of  said or 

mining  claims,  which  said  two  hundred  (200)  dollars'  worth 
of  work  was  performed  and  done  for  the  purpose  of  develop- 


62  MINING  LAWS  OF  ARIZONA 

ing  both  of  said  mining  claims  and  to  develop  each  of  said 
mining  claims,  as  both  of  said  mining  claims  adjoin  each  other 
and  are  extensions  of  each  other  and  the  two  said  mining 
claims  constitute  one  group;  and  the  tendency  of  said  work 
was  to  develop  each  and  all  of  said  mining  claims;  That 
said  work  and  improvements  were  made  by  and  at  the  expense 

of ,  one  of  the  owners  of  said 

premises  and  mining  claims  for  the  purpose  of  complying  with 
the  laws  of  the  United  States  and  of  the  State  of  Arizona, 
pertaining  to  assessment  or  annual  work,  and 

were  the  men  employed  by  the  said  owner  and  who  labored 
upon  said  mining  claims  and  premises  and  who  did  said  work 
and  improvements,  and  said  work  so  done  upon  said  premises 
is  described  as  follows,  to-wit : 


Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  1904. 

My  commission  expires 


Notary  Public  in  and  for  the  County 

of  ,  State 

of  Arizona. 


ARIZONA. 
NOTICE  OF  LOCATION  OF  PLACER  CLAIM. 

For  this  form  use  the  same  given  under  California  Laws. 

All  location  notices  in  this  book  can  be  purchased  from  the 
author. 

ARIZONA. 
NOTICE  OF  FORFEITURE  TO  CO-OWNER. 

For  this  form  see  end  of  U.  S.  Mining  Laws. 


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CALIFORNIA  MINING  LAWS 

(See  also  U.  S.  Mining  Laws.) 


CIVIL  CODE. 

Sec.  586.  (Civil  Code.)  Any  corporation  organized  in  this 
State  for  the  purpose  of  mining  or  carrying  on  mining  opera- 
tions in  or  without  this  State,  may  establish  and  maintain 
agencies  in  other  states  of  the  United  States,  for  the  transfer 
and  issuing  of  their  stock ;  and  a  transfer  or  issue  of  the  same 
at  any  such  transfer  agency,  in  accordance  with  the  provisions 
of  its  by-laws,  is  valid  and  binding  as  fully  and  effectually  for 
all  purposes  as  if  made  upon  the  books  of  such  corporation  at 
its  principal  office  within  this  state.  The  agencies  must  be  gov- 
erned by  the  by-laws  and  the  directors  of  the  corporation. 
142  Cal.  391;  127  Cal.  605;  92  Cal.  503. 

Sec.  587.  (Civil  Code.)  All  stock  of  any  such  corporation, 
issued  at  a  transfer  agency,  must  be  signed  by  the  president  and 
secretary  of  the  corporation,  and  countersigned  at  the  time  of 
its  issue  by  the  agent  having  charge  of  the  transfer  agency.  No 
stock  must  be  issued  at  a  transfer  agency  unless  the  certificate 
of  stock,  in  lieu  of  which  the  same  is  issued,  is  at  the  time  sur- 
rendered for  cancellation. 

Sec.  587a.  (Civil  Code.)  It  is  lawful  for  two  or  more  corpo- 
rations formed  or  that  may  hereafter  be  formed,  under  the  laws 
of  this  state,  for  mining  purposes,  which  own  or  possess  mining 
claims  or  lands  adjoining  each  other,  or  lying  in  the  same  vi- 
cinity, to  consolidate  their  capital  stock,  debts,  property,  as- 
sets, and  franchises,  in  such  manner  and  upon  such  terms  as 
may  be  agreed  upon  by  the  respective  boards  of  directors  or 
trustees  of  such  corporations  so  desiring  to  consolidate  their 
interests;  but  no  such  consolidation  must  take  place  without 
the  written  consent  of  the  stockholders  representing  two-thirds 
of  the  capital  stock  of  each  corporation,  and  no  such  consolida- 
tion can,  in  any  way,  relieve  such  corporations,  or  the  stock- 
holders thereof,  from  any  and  all  just  liabilities ;  and  in  case  of 
such  consolidation,  due  notice  of  the  same  must  be  given,  by  ad- 
vertising, for  one  month,  in  at  least  one  newspaper  in  the 
county  where  the  said  mining  property  is  situated,  if  there  is 
one  published  therein,  and  also  in  one  newspaper  published  in 
the  county  where  the  principal  place  of  business  of  any  of  said 
corporation  is.  And  when  the  consolidation  is  completed,  a  cer- 
tificate thereof,  containing  the  manner  and  terms  of  such  con- 
solidation, must  be  filed  in  the  office  of  the  county  clerk  of  the 
county  in  which  the  original  certificate  of  incorporation  of  each 
of  said  corporations  is  filed,  and  a  copy  thereof  must  be  filed 


MINING  LAWS  OF  CALIFORNIA  65 

in  the  office  of  the  secretary  of  state ;  such  certificate  must  be 
signed  by  a  majority  of  each  board  of  trustees  or  directors  of 
the  original  corporations,  and  it  is  their  duty  to  call,  within 
thirty  days  after  the  filing  of  such  certificate,  a  meeting  of  the 
stockholders  of  all  of  said  corporations  so  consolidated,  to  elect 
a  board  of  trustees  or  directors  for  the  consolidated  corpora- 
tion, for  the  year  thence  next  ensuing;  and  to  cause  notice  of 
the  time  and  place  fixed  for  such  meeting  to  be  mailed  to  each 
stockholder  of  each  of  such  corporations  at  his  last  known 
place  of  residence  or  business  at  least  ten  days  before  the  time 
fixed  for  such  meeting.  The  said  certificate  must  also  contain 
all  the  requirements  prescribed  by  section  two  hundred  and 
ninety. 

81  Cal.  378;  104  U.  S.  450. 

Sec.  588.  (Civil  Code.)  It  is  the  duty  of  the  secretary  of 
every  corporation  formed  for  the  purpose  of  mining,  or  con- 
ducting mining  in  California,  whether  such  corporation  be 
formed  and  organized  under  the  laws  of  the  State  of  California 
or  of  any  other  state,  territory,  or  foreign  country,  to  keep  at 
some  place  within  the  State  of  California  an  office,  and  in  such 
office  to  keep  a  complete  set  of  books  showing  all  receipts  and 
expenditures  of  such  corporation,  the  sources  of  such  receipts, 
and  the  objects  of  such  expenditures,  and  also  all  transfers  of 
stock.  All  books  and  papers  must,  at  all  times  during  business 
hours,  be  open  to  the  inspection  of  any  stockholder.  He  is  en- 
titled to  be  accompanied  by  an  expert,  and  to  make  copies  or 
extracts  from  any  such  books  or  papers.  He  may,  at  reasonable 
hours,  examine  such  mining  property,  accompanied  by  an  ex- 
pert, take  samples,  and  make  such  other  examination  as  he  may 
deem  necessary.  It  is  the  duty  of  the  directors,  on  the  second 
Monday  of  each  and  every  month,  to  cause  to  be  made  an  item- 
ized account  or  balance  sheet  for  the  previous  month,  embrac- 
ing a  full  and  complete  statement  of  all  disbursements  and  re- 
ceipts, showing  from  what  sources  such  receipts  were  derived, 
and  to  whom  and  for  what  object  or  purpose  such  disburse- 
ments or  payments  were  made ;  also  all  indebtedness  or  liabili- 
ties incurred  or  existing  at  the  time,  and  for  what  the  same 
were  incurred,  and  the  balance  of  money,  if  any,  on  hand.  Such 
account  or  balance  sheet  must  be  verified  under  oath  by  the 
president  and  secretary,  and  posted  in  some  conspicuous  place 
in  the  office  of  the  company.  It  is  the  duty  of  the  superintend- 
ent, on  the  first  Monday  of  each  month,  to  file  with  the  secre- 
tary an  itemized  account,  verified  under  oath,  showing  all  re- 
ceipts and  disbursements  made  by  him  for  the  previous  month, 
and  for  what  said  disbursements  were  made.  Such  account 
must  also  contain  a  verified  statement  showing  the  number  of 
men  employed  under  him,  and  for  what  purpose,  and  the  rate 
of  wages  paid  to  each.  He  must  attach  to  such  account  a  full 


66  MINING  LAWS  OF  CALIFOENIA 

and  complete  report,  under  oath,  of  the  work  done  in  said  mine, 
the  amount  of  ore  extracted,  from  what  part  of  mine  taken, 
the  amount  sent  to  mill  for  reduction,  its  assay  value,  the 
amount  of  bullion  received,  the  amount  of  bullion  shipped  to 
the  office  of  the  company  or  elsewhere,  and  the  amount,  if  any, 
retained  by  the  superintendent.  It  is  his  duty  to  forward  to 
the  office  of  the  company  a  full  report,  under  oath,  of  all  discov- 
eries of  ores  or  mineral-bearing  quartz  made  in  said  mine, 
whether  by  boring,  drifting,  sinking  or  otherwise,  together 
with  the  assay  value  thereof.  All  accounts,  reports  and  cor- 
respondence from  the  superintendent  must  be  kept  in  some  con- 
spicuous place  in  the  office  of  said  company,  open  to  the  inspec- 
tion of  all  stockholders. 

92  Cal.  580;  92  Cal.  503;  119  Cal.  358;  81  Cal.  231;  51  Fed. 
61. 

Sec.  589.  (Civil  Code.)  Any  stockholder  of  a  corporation 
formed  under  the  laws  of  this  state  for  the  purpose  of  mining, 
is  entitled  to  visit,  accompanied  by  his  expert,  and  examine  the 
mine  or  mines  owned  by  such  corporation,  and  every  part 
thereof,  at  any  time  he  may  see  fit ;  and  when  such  stockholder 
applies  to  the  president  of  such  corporation,  he  must  immedi- 
ately cause  the  secretary  thereof  to  issue  and  deliver  to  such  ap- 
plicant an  order,  under  the  seal  of  the  corporation,  directed  to 
the  superintendent,  commanding  him  to  show  and  exhibit  such 
parts  of  said  mine  or  mines  as  the  party  named  in  said  order 
may  desire  to  visit  and  examine.  It  is  the  duty  of  the  superin- 
tendent, on  receiving  such  order,  to  furnish  such  stockholder 
every  facility  for  making  a  full  and  complete  inspection  of  said 
mine  or  mines,  and  the  workings  therein,  and  to  accompany 
said  stockholder  either  in  person,  or  to  furnish  some  person 
familiar  with  said  mine  or  mines  to  accompany  him  in  his 
visit  to  and  through  such  mine  or  mines,  and  every  part  thereof. 
If  the  superintendent  fails  to  obey  such  order,  such  stockholder 
is  entitled  to  recover,  in  any  court  of  competent  jurisdiction, 
against  the  corporation,  the  sum  of  one  thousand  dollars,  and 
traveling  expenses  to  and  from  the  mine,  as  liquidated  damages, 
together  with  costs  of  suit.  In  case  of  such  refusal,  it  is  the 
duty  of  the  directors  of  the  corporation  forthwith  to  remove 
the  officer  so  refusing,  and  thereafter  he  must  not  be  'employed 
directly  or  indirectly  by  the  corporation,  nor  must  any  salary 
be  paid  to  him. 

Sec.  590.  (Civil  Code.)  In  case  of  the  refusal  or  neglect  of 
the  president  to  cause  to  be  issued  by  the  secretary  the  order 
mentioned  in  section  five  hundred  and  eighty-nine,  such  stock- 
holder is  entitled  to  recover  against  said  president  the  sum  of 
one  thousand  dollars  and  costs,  as  provided  in  the  last  section. 
If  the  directors  fail  to  have  the  reports  and  accounts  current 
made  and  posted,  as  provided  in  section  five  hundred  and 


MINING  LAWS  OF  CALIFOENIA  67 

eighty-eight,  they  are  liable,  either  severally  or  jointly,  to  an 
action  by  any  stockholder  complaining  thereof,  and  on  proof  of 
such  refusal  or  failure,  he  may  recover  judgment  for  actual 
damages  sustained  by  him,  with  costs  of  suit.  Each  of  such  de- 
faulting directors  is  also  liable  to  removal  for  such  neglect. 

72  Cal.  305;  89  Cal.  52;  119  Gal.  358;  135  Cal.  375;  92  Cal. 
580. 

Sec.  661.  (Civil  Code.)  Fixtures  attached  to  mines.  Sluice- 
boxes,  flumes,  hose,  pipes,  railway  tracks,  cars,  blacksmith 
shops,  mills  and  all  other  machinery  or  tools  used  in  working 
or  developing  a  mine,  are  to  be  deemed  affixed  to  the  mine. 
(En.  March  21,  1872.) 

76  Cal.  578;  118  Cal.  635;  118  Cal.  148;  14  Cal.  59;  24  Pac. 
920. 

Sec.  819.  (Civil  Code.)  A  tenant  for  years  or  at  will,  unless 
he  is  a  wrong-doer  by  holding  over,  may  occupy  the  buildings, 
take  the  annual  product  of  the  soil,  work  mines  and  quarries 
open  at  the  commencement  of  his  tenancy. 

101  Cal.  425 ;  115  Cal.  622. 

Sec.  1159.  (Civil  Code.)  Judgments  may  be  recorded  with- 
out acknowledgment.  Judgments  affecting  the  title  to  or  pos- 
session of  real  property  authenticated  by  the  certificate  of  the 
clerk  of  the  court  in  which  such  judgments  were  rendered  (and 
notices  of  location  of  mining  claims),  may  be  recorded  without 
acknowledgment,  certificate  of  .acknowledgment  or  further 
proof.  The  record  of  all  notices  of  location  of  mining  claims 
heretofore  made  in  the  proper  office  without  acknowledgment, 
or  certificate  of  acknowledgment,  or  other  proof,  shall  have  the 
same  force  and  effect  for  all  purposes  as  if  the  same  had  been 
duly  acknowledged,  or  proved  and  certified  as  required  by  law. 
Affidavits  showing  work  or  posting  of  notices  upon  mining 
claims  may  also  be  recorded  in  the  recorder's  office  of  the  coun- 
ty where  such  mining  claims  are  situated.  (En.  March  21,  1872. 
Am'd.  1897,  97.) 

129  Cal.  361 ;  83  Cal.  187. 

Sec.  1424.  (Civil  Code.)  Where  hydraulic  mining  can  be 
carried  on.  The  business  of  hydraulic  mining  may  be  carried 
on  within  the  State  of  California  wherever  and  whenever  the 
same  can  be  carried  on  without  material  injury  to  the  naviga- 
ble streams,  or  the  lands  adjacent  thereto.  (En.  Stats.  1893, 
337.) 

81  Fed.  243;  88  Fed.  664;  79  Cal.  289;  66  Cal.  138. 

Sec.  1425.  (Civil  Code.)  Meaning  of  hydraulic  mining. 
Hydraulic  mining  within  the  meaning  of  this  title,  is  mining  by 
means  of  the  application  of  water,  under  pressure,  through  a 


68  MINING  LAWS  OF  CALIFOKNIA 

nozzle,  against  a  natural  bank.    (En.  Stats.  1893,  337.) 

Ill  Cal.  571;  121  Cal.  662;  137  Gal.  432;  132  Cal.  297;  124 
Cal.  186. 

MINING  ACT  OF  1909. 

Title  X,  Part  IV,  Division  II  (New). 
(In  effect  from  and  after  July  1,  1909.    Stats.  1909,  Chap.  225.) 

MINING  CLAIMS. 

Sec.  1426.  Mining  claims;  how  located. 

Sec.  1426a.  Boundaries. 

Sec.  1426b.  Recordation. 

Sec.  1426c.  Placer  claims;  how  located. 

Sec.  1426d.  Recordation. 

Sec.  1426e.  Tunnel  rights ;  how  located. 

Sec.  14261  Boundaries. 

Sec.  1426g.  Recordation. 

Sec.  1426h.  Defective  location ;  how  remedied. 

Sec.  1426i.  When  survey  and  certificate  part  of  record. 

Sec.  1426J.  Mill  site;  location  of. 

Sec.  1426k.  Recordation. 

Sec.  14261.  Improvements. 

Sec.  1426m.    Value  of  improvements;  how  established. 

Sec.  1426n.  Recordation  fee. 

Sec.  1426o.  Notice  of  delinquency;  how  given. 

Sec.  1426p.  Record  of  location  as  evidence. 

Sec.  1426q.  Certified  copies  of  records  as  evidence. 

Sec.  1426r.  Construction.. 

Sec.  1426s.  Disqualification  for  failure  to  perform  develop- 
ment work. 


Sec.  1426.  (Mining  claims;  how  located.)  Any  person,  a 
citizen  of  the  United  States,  or  who  has  declared  his  intention 
to  become  such,  who  discovers  a  vein  or  lode  of  quartz,  or  other 
rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper, 
or  other  valuable  deposit,  may  locate  a  claim  upon  such  vein 
or  lode,  by  defining  the  boundaries  of  the  claim,  in  the  manner 
hereinafter  described,  and  by  posting  a  notice  of  such  location, 
at  the  point  of  discovery,  which  notice  must  contain:  First — 
The  name  of  the  lode  or  claim.  Second — The  name  of  the  lo- 
cator or  locators.  Third — The  number  of  linear  feet  claimed 
in  length  along  the  course  of  the  vein,  each  way  from  the  point 
of  discovery,  with  the  width  on  each  side  of  the  center  of  the 
claim,  and  the  general  course  of  the  vein  or  lode,  as  near  as 
may  be.  Fourth — The  date  of  location.  Fifth — Such  a  descrip- 
tion of  the  claim  by  reference  to  some  natural  object,  or  per- 
manent monument,  as  will  identify  the  claim  located. 

Sec.  1426a.  (Boundaries.)  The  locator  must  define  the 
boundaries  of  his  claim  so  that  they  may  be  readily  traced,  and 


MINING  LAWS  OF  CALIFOBNIA  69 

in  no  case  shall  the  claim  extend  more  than  fifteen  hundred 
feet  along  the  course  of  the  vein  or  lode,  nor  more  than  three 
hundred  feet  on  either  side  thereof,  measured  from  the  center 
line  of  the  vein  at  the  surface. 

Sec.  1426b.  (Recordation  of.)  Within  thirty  days  after  the 
posting  of  his  notice  of  location  upon  a  lode  mining  claim,  the 
locator  shall  record  a  true  copy  thereof  in  the  office  of  the 
county  recorder  of  the  county  in  which  such  claim  is  situated, 
for  which  service  the  county  recorder  shall  receive  a  fee  of  one 
dollar. 

Sec.  1426c.  (Placer  claims;  how  located.)  The  location  of  a 
placer  claim  shall  be  made  in  the  following  manner  j  By  post- 
ing thereon,  upon  a  tree,  rock  in  place,  stone,  post  or  monu- 
ment, a  notice  of  location,  containing  the  name  of  the  claim, 
name  of  locator  or  locators,  date  of  location,  number  of  feet 
or  acreage  claimed,  such  a  description  of  the  claim  by  refer- 
ence to  some  natural  object  or  permanent  monument  as  will 
identify  the  claim  located,  and  by  marking  the  boundaries  so 
that  they  may  be  readily  traced;  provided,  that  where  the 
United  States  survey  has  been  extended  over  the  land  embraced 
in  the  location,  the  claim  may  be  taken  by  legal  subdivisions 
and  no  other  reference  than  those  of  said  survey  shall  be  re- 
quired and  the  boundaries  of  a  claim  so  located  and  described 
need  not  be  staked  or  monumented.  The  description  by  legal 
subdivisions  shall  be  deemed  the  equivalent  of  marking. 

Sec.  1426d.  (Recordation  of.)  Within  thirty  days  after  the 
posting  of  the  notice  of  location  of  a  placer  claim,  the  locator 
shall  record  a  true  copy  thereof  in  the  office  of  the  county 
recorder  of  the  county  in  which  such  claim  is  situated,  for 
which  service  the  recorder  shall  receive  a  fee  of  one  dollar. 

Sec.  1426e.  (Tunnel  right;  how  located.)  The  locator  of  a 
tunnel  right  or  location  shall  locate  his  tunnel  right  or  loca- 
tion by  posting  a  notice  of  location  at  the  face  or  point  of 
commencement  of  the  tunnel,  which  must  contain:  First — 
The  name  of  the  locator  or  locators.  Second — the  date  of  the 
location.  Third — The  proposed  course  or  direction  of  the  tun- 
nel. Fourth — A  description  of  the  tunnel,  with  reference  to 
some  natural  object  or  permanent  monument  as  shall  identify 
the  claim  or  tunnel  right. 

Sec.  1426f.  (Boundaries.)  The  boundary  lines  of  the  tunnel 
shall  be  established  by  stakes  or  monuments  placed  along  the 
lines  at  an  interval  of  not  more  than  six  hundred  feet  from 
the  face  or  point  of  commencement  of  the  tunnel  to  the  ter- 
minus of  three  thousand  feet  therefrom. 

Sec.  1426g.  (Recordation  of.)  Within  thirty  days  after  the 
posting  of  the  notice  of  location  of  the  tunnel  right  or  location, 
the  locator  shall  record  a  true  copy  thereof  in  the  office  of  the 


70  MINING  LAWS  OF  CALIFOKNIA 

county  recorder  of  the  county  in  which  such  claim  is  situated, 
for  which  service  the  recorder  shall  receive  a  fee  of  one  dollar. 

Sec.  1426h.  (Defective  location;  how  remedied.)  If  at  any 
time  the  locator  of  any  mining  claim  heretofore  or  hereafter 
located,  or  his  assigns,  shall  apprehend  that  his  original  loca- 
tion notice  was  defective,  erroneous,  or  that  the  requirements 
of  the  law  had  not  been  complied  with  before  filing;  or  in 
case  the  original  notice  was  made  prior  to  the  passage  of  this 
act,  and  he  shall  be  desirous  of  securing  the  benefit  of  this 
act,  such  locator,  or  his  assigns,  may  file  an  additional  notice, 
subject  to  the  provisions  of  this  act;  provided,  that  such 
amended  location  notice  does  not  interfere  with  the  existing 
rights  of  Others  at  the  time  of  posting  and  filing  such  amended 
location  notice,  and  no  such  amended  location  notice  or  the 
record  thereof,  shall  preclude  the  claimant,  or  claimants,  from 
proving  any  such  title  as  he  or  they  may  have  held  under  pre- 
vious locations. 

Sec.  1426i.  (When  survey  and  certificate  part  of  record.) 
Where  a  locator,  or  his  assigns,  has  the  boundaries  and  corners 
of  his  claim  established  by  a  United  States  deputy  mineral 
survey,  or  a  licensed  surveyor  of  this  state,  and  his  claim  con- 
nected with  the  corner  of  the  public  or  minor  surveys  of  an 
established  initial  point,  and  incorporates  into  the  record  of 
the  claim,  the  field  notes  of  such  survey,  and  attaches  to  and 
files  with  such  location  notice  a  certificate  of  the  surveyor, 
setting  forth:  First,  that  said  survey  was  actually  made  by 
him,  giving  the  date  thereof.  Second,  the  name  of  the  claim 
surveyed  and  the  location  thereof.  Third,  that  the  description 
incorporated  in  the  declaratory  statement  is  sufficient  to  iden- 
tify; such  survey  and  certificate  becomes  a  part  of  the  record, 
and  such  record  is  prima  facie  evidence  of  the  facts  therein 
contained. 

Sec.  1426 j.  (Mill  site;  how  located.)  The  proprietor  of  a 
vein  or  lode  claim  or  mine,  or  the  owner  of  a  quartz  mill  or  re- 
duction works,  or  any  person  qualified  by  the  laws  of  the 
United  States,  may  locate  not  more  than  five  acres  of  non- 
mineral  land  as  a  mill  site.  Such  location  shall  be  made  in 
the  same  manner  as  hereinbefore  required  for  locating  placer 
claims. 

Sec.  1426k.  (Recordation.)  The  locator  of  a  mill  site  claim 
or  location  shall,  within  thirty  days  from  the  date  of  his  loca- 
tion, record  a  true  copy  of  his  location  notice  with  the  county 
recorder  of  the  county  in  which  such  location  is  situated,  for 
which  service  the  recorder  shall  receive  a  fee  of  one  dollar. 

Sec.  14261.  (Improvements.)  The  amount  of  work  done  or 
improvements  made  during  each  year  to  hold  possession  of  a 
mining  claim  shall  be  that  prescribed  by  the  laws  of  the  United 
States,  to-wit:  One  hundred  dollars  annually. 


MINING  LAWS  OF  CALIFOKNIA  71 

Sec.  1426m.  (Value  of  improvements;  how  established.) 
Whenever  mine  owner,  company  or  corporation  shall  have  per- 
formed the  labor  and  made  the  improvements  required  by  law 
upon  any  mining  claim,  the  person  in  whose  behalf  such  labor 
was  performed  or  improvements  made,  or  someone  in  his  be- 
half, shall,  within  thirty  days  after  the  time  limited  for  per- 
forming such  labor  or  making  such  improvements,  make  and 
have  recorded  by  the  county  recorder,  in  books  kept  for  that 
purpose,  in  the  county  in  which  such  mining  claim  is  situated, 
an  affidavit  setting  forth  the  value  of  labor  or  improvements 
made,  the  name  of  the  claim,  and  the  name  of  the  owner  or 
claimant  of  said  claim  at  whose  expense  the  same  was  made 
or  performed.  Such  affidavit,  or  a  copy  thereof,  duly  certified 
by  the  county  recorder,  shall  be  prima  facie  evidence  of  the 
performance  of  such  labor  or  the  making  of  such  improve- 
ments, or  both. 

1426n.  For  recording  the  affidavit  herein  required,  the 
county  recorder  shall  receive  a  fee  of  ten  cents  per  folio, 
twenty  cents  fo  endorsement  and  ten  cents  for  indexing  the 
name  of  each  claim  and  each  owner. 

Sec.  1426o.  (Notice  of  delinquency;  how  given.)  When- 
ever a  co-owner  or  co-owners  of  a  mining  claim  shall  give  to 
a  delinquent  co-owner  or  co-owners  the  notice  in  writing  or 
notice  by  publication  provided  for  in  section  2324,  Eevised 
Statutes  of  the  United  States,  an  affidavit  of  the  person  giving 
such  notice,  stating  the  time,  place,  manner  of  service,  and  by 
whom  and  upon  whom  such  service  was  made,  shall  be  attached 
to  a  true  copy  of  such  notice,  and  such  notice  and  affidavit 
must  be  recorded  in  the  office  of  the  county  recorder,  in  books 
kept  for  that  purpose,  in  the  county  in  which  the  claim  is  sit- 
uated, within  ninety  days  after  the  giving  of  such  notice;  for 
the  recording  of  which  said  recorder  shall  receive  the  same 
fees  as  are  now  allowed  by  law  for  recording  deeds ;  or  if  such 
notice  is  given  by  publication  in  a  newspaper,  there  shall  be 
attached  to  a  printed  copy  of  such  notice  an  affidavit  of  the 
printer  or  his  foreman,  or  principal  clerk  of  such  paper,  stat- 
ing the  date  of  the  first,  last  and  each  insertion  of  such  notice, 
therein,  and  where  the  newspaper  was  published  during  that 
time,  and  the  name  of  such  newspaper.  Such  affidavit  and  no- 
tice shall  be  recorded  as  aforesaid,  within  one  hundred  and 
eighty  days  after  the  first  publication  thereof.  The  original 
of  such  notice  and  affidavit,  or  a  duly  certified  copy  of  the 
record  thereof,  shall  be  prima  facie  evidence  that  the  delin- 
quent mentioned  in  section  2324  has  failed  or  refused  to  con- 
tribute his  proportion  of  the  expenditure  required  by  that  sec- 
tion, and  of  the  service  of  publication  of  said  notice ;  provided, 
the  writing  or  affidavit  hereinafter  provided  for  is  not  of  rec- 
ord. If  such  delinquent  shall,  within  the  ninety  days  required 
by  section  2324,  aforesaid,  contribute  to  his  co-owner  or  co- 


72  MINING  LAWS  OF  CALIFORNIA 

owners,  his  proportion  of  such  expenditures,  and  also  all  costs 
of  service  of  the  notice  required  by  this  section,  whether  in- 
curred for  publication  charges,  or  otherwise,  such  co-owner  or 
co-owners  shall  sign  and  deliver  to  the  delinquent  or  delin- 
quents a  writing,  stating  that  the  delinquent  or  delinquents  by 
name  has  within  the  time  required  by  section  2324,  aforesaid, 

contributed  his  share  for  the  year ,  upon  the 

mine,  and  further  stating  therein  the  district,  county  and  state 
wherein  the  same  is  situated,  and  the  book  and  page  where 
the  location  notice  is  recorded,  if  said  mine  was  located  under 
the  provisions  of  this  act;  such  writing  shall  be  recorded  in 
the  office  of  the  county  recorder  of  said  county,  for  which  he 
shall  receive  the  same  fees  as  are  now  allowed  by  law  for  re- 
cording deeds.  If  such  co-owner  or  co-owners  shall  fail  to  sign 
and  deliver  such  writing  to  the  delinquent  or  delinquents  with- 
in twenty  days  after  such  contribution,  the  co-owner  or  co- 
owners  so  failing  as  aforesaid  shall  be  liable  to  the  penalty  of 
one  hundred  dollars  to  be  recovered  by  any  person  for  the 
use  of  the  delinquent  or  delinquents  in  any  court  of  competent 
jurisdiction.  If  such  co-owner  or  co-owners  fail  to  deliver  such 
writing  within  said  twenty  days,  the  delinquent,  with  two  dis- 
interested persons  having  personal  knowledge  of  such  contri- 
bution, may  make  affidavit  setting  forth  in  what  manner,  the 
amount  of,  to  whom,  and  upon  what  mine,  such  contribution 
was  made.  Such  affidavit,  or  a  record  thereof,  in  the  office  of 
the  county  recorder,  of  the  county  in  which  such  mine  is  sit- 
uated, shall  be  prima  facie  evidence  of  such  contribution. 

Sec.  1426p.  (Record  of  location  as  evidence.)  The  record 
of  any  location  of  a  mining  claim,  mill  site  or  tunnel  right,  in 
the  office  of  the  county  recorder,  as  herein  provided  shall  be 
received  in  evidence,  and  have  the  same  force  and  effect  in 
the  courts  of  the  state  as  the  original  notice. 

Sec.  1426q.  (Certified  copies  of  records  as  evidence.)  Cop- 
ies of  the  records  of  all  instruments  required  to  be  recorded  by 
the  provisions  of  this  act,  duly  certified  by  the  recorder,  in 
whose  custody  such  records  are,  may  be  read  in  evidence,  under 
the  same  circumstances  and  ru^s  as  are  now,  or  may  be  here- 
after provided  by  law,  for  using  copies  of  instruments  relating 
to  real  estate,  duly  executed  or  acknowledged  or  proved  and 
recorded. 

1426r.  (Construction  existing;  mining  districts  and  regu- 
lations not  affected.)  The  provisions  of  this  act  shall  not  in 
any  manner  be  construed  as  affecting  or  abolishing  any  min- 
ing district  or  the  rules  and  regulations  thereof  within  the 
State  of  California. 

Sec.  1426s.  (Disqualification  for  failure  to  perform  develop- 
ment work.)  The  failure  or  neglect  of  any  locator  of  a  mining 


MINING  LAWS  OF  CALIFORNIA  73 

claim  to  perform  development  work  of  the  character,  in  the 
manner  and  within  the  time  required  by  the  laws  of  the  United 
States,  shall  disqualify  such  locators  from  relocating  the  ground 
embraced  in  the  original  location  or  mining  claim  or  any  part 
thereof  under  the  mining  laws,  within  three  years  after  the 
date  of  his  original  location  and  any  attempted  relocation 
thereof  by  any  of  the  original  locators  shall  render  such  loca- 
tion void. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act, 
are  hereby  repealed.  Civ.  Code,  1909. 

Sec.  2511.  When  a  mining  partnership  exists.  A  mining 
partnership  exists  when  two  or  more  persons  who  own  or  ac- 
quire a  mining  claim  for  the  purpose  of  working  it  and  ex- 
tracting the  mineral  therefrom  actually  engage  in  working  the 
same.  (En.  March  21,  1872.) 

107  Cal.  504;  128  Cal.  120;  121  Cal.  213;  127  Cal.  520;  89 
Cal.  367;  112  Cal.  380. 

Sec.  2512.  (Civil  Code.)  Express  agreement  not  necessary 
to  constitute.  An  express  agreement  to  become  partners  or  to 
share  the  profits  and  losses  of  mining  is  not  necessary  to  the 
formation  or  existence  of  a  mining  partnership.  The  relation 
arises  from  the  ownership  of  shares  or  interests  in  the  mine 
and  working  the  same  for  the  purpose  of  extracting  the  min- 
erals therefrom.  (En.  March  21,  1872.) 

127  Cal.  520;  42  Cal.  367;  107  Cal.  504. 

Sec.  2513.  (Civil  Code.)  Profits  and  losses,  how  shared. 
A  member  of  a  mining  partnership  shares  in  the  profits  and 
losses  thereof  in  the  proportion  which  the  interest  or  share  he 
owns  in  the  mine  bears  to  the  whole  partnership  capital  or 
whole  number  of  shares.  (En.  March  21,  1872.) 
89  Cal.  367. 

Sec.  2514.  (Civil  Code.)  Lien  of  partners.  Each  member 
of  a  mining  partnership  has  a  lien  on  the  partnership  -property 
for  the  debts  due  the  creditors  thereof,  and  for  money  advanced 
by  him  for  its  use.  This  lien  exists  notwithstanding  there  is 
an  agreement  among  the  partners  that  it  must  not.  (En.  March 
21  1872  ) 

144  Cal.  771;  89  Cal.  367;  66  Cal.  577. 

Sec.  2515.     (Civil  Code.)     Mine-Partnership  property.     The 
mining  ground  owned   and   worked   by   partners   in    mining, 
whether  purchased  with  partnership  funds  or  not,  is  partner- 
ship property.     (En.  March  21,  1872.) 
24  Cal.  569;  28  Cal.  569. 

Sec.  2516.  Partnership  not  dissolved  by  sale  of  interest. 
One  of  the  partners  in  a  mining  partnership  may  convey  his 


74  MINING  LAWS  OF  CALIFOKNIA 

interest  in  the  mine  and  business  without  dissolving  the  part- 
nership. The  purchaser  from  the  date  of  his  purchase  becomes 
a  member  of  the  partnership.  (En.  March  21,  1872.) 

112  Cal.  380;  42  Gal.  367;  19  Cal.  120. 

Sec.  2517.  (Civil  Code.)  Purchaser  takes,  subject  to  liens, 
unless,  etc.  A  purchaser  in  an  interest  in  the  mining  ground 
of  a  mining  partnership  takes  it  subject  to  the  liens  existing  in 
favor  of  the  partners  for  debts  due  all  creditors  thereof,  or 
advances  made  for  the  benefit  of  the  partnership,  unless  he 
purchased  in  good  faith,  for  a  valuable  consideration,  without 
notice  of  such  lien.  (En.  March  21,  1872.) 

Sec.  2518.  (Civil  Code.)  Takes  with  notice  of  lien,  when. 
A  purchaser  of  the  interest  of  a  partner  in  a  mine  when  the 
partnership  is  engaged  in  working  it,  takes  with  notice  of  all 
liens  resulting  from  the  relation  of  the  partners  to  each  other 
and  to  the  creditors  of  the  partnership.  (En.  March  21,  1872.) 
42  Cal.  180 ;  42  Cal.  636. 

Sec.  2519.  (Civil  Code.)  Contract  in  writing,  when  bind- 
ing. No  member  of  a  mining  partnership  or  other  agent  or 
manager  thereof  can,  by  a  contract  in  writing,  bind  the  part- 
nership, except  by  express  authority  derived  from  the  members 
thereof.  (En.  March  21,  1872.) 

42  Cal.  367 ;  42  Cal.  180 ;  23  Cal.  198. 

Sec.  2520.     (Civil  Code.)     Owners  of    majority    of    shares 
govern.    The  decision  of  the  members  owning  a  majority  of  the 
shares  or  interests  in  a  mining  partnership  binds  it  in  the  con- 
duct of  its  business.     (En.  March  21,  1872.) 
89  Cal.  367 ;  42  Cal.  180. 

Sec.  2955.  This  section  provides  that  mining  machinery 
may  be  chattel  mortgaged. 

CODE  OF  CIVIL  PROCEDURE. 

Sec.  690.    (Code  of  Civil  Proc.)    Exemption  from  Executions. 

5.  The  cabin  or  dwelling  01  a  miner,  not  exceeding  in  value 
the  sum  of  five  hundred  dollars;  also  his  sluices,  pipes,  hose, 
windlass,  derrick,  cars,  pumps,  tools,  implements,  and  appli- 
ances necessary  for  carrying  on  any  mining  operations,  not 
exceeding  in  value  the  aggregate  sum  of  five  hundred  dollars ; 
and  two  horses,  mules,  or  oxen  with  their  harness,  and  food 
for  such  horses,  mules  or  oxen  for  one  month,  when  necessary 
to  be  used  on  any  whim,  windlass,  derrick,  car  pump,  or  hoist- 
ing gear;  and  also  his  mining  claim,  actually  worked  by  him, 
not  exceeding  in  value  the  sum  of  one  thousand  dollars. 

Sec.  738.  Code  of  Civil  Proc.,  provides  for  an  action  to  quiet 
title,  with  right  of  trial  by  jury.  Under  this  section  an  action 


MINING  LAWS  OF  CALIFOKNIA  75 

may  be  brought  to  quiet  title  to  mining  property  by  any  per- 
son in  possession. 

Sec.  742.  (Code  of  Civil  Proc.)  An  order  may  be  made  to 
allow  a  party  to  survey  and  measure  the  land  in  dispute.  The 
court  in  which  an  action  is  pending  for  the  recovery  of  real 
property,  or  for  damages  for  an  injury  thereto,  or  a  judge 
thereof,  may,  on  motion,  upon  notice  by  either  party,  for  good 
cause  shown,  grant  an  order  allowing  to  such  party  the  right  to 
enter  upon  the  property  and  make  survey  and  measurement 
thereof,  and  of  any  tunnels,  shafts,  or  drifts  therein,  for  the 
purpose  of  the  action,  even  though  entry  for  such  purpose  has 
to  be  made  through  other  lands,  belonging  to  parties  to  the 
action.  (En.  March  11,  1872.  Am'd  1880,  11.) 

Sec.  743.  (Code  of  Civil  Proc.)  Order,  what  to  contain, 
and  how  served.  If  unnecessary  injury  done,  the  party  survey- 
ing to  be  liable  therefor.  The  order  must  describe  the  property, 
and  a  copy  thereof  must  be  served  on  the  owner  or  occupant; 
and  thereupon  such  party  may  enter  upon  the  property,  with 
necessary  surveyors  and  assistants,  and  make  such  survey  and 
measurement;  but  if  any  unnecessary  injury  be  done  to  the 
property,  he  is  liable  therefor.  (En.  March  11,  1872.) 

Sec.  748.  (Code  of  Civil  Proc.)  Mining  Claims,  actions  con- 
cerning to  be  governed  by  local  rules.  In  actions  respecting 
mining  claims,  proofs  must  be  admitted  of  the  customs,  usages 
or  regulations  established  and  in  force  at  the  bar  or  diggings 
embracing  such  claim ;  and  such  customs,  usages  or  regulations, 
when  not  in  conflict  with  the  laws  of  this  state,  must  govern 
the  decision  of  the  action.  (En.  March  11,  1872.) 
69  Cal.  383;  31  Cal.  393. 

Sees.  1183  to  1203.  (Code  of  Civil  Proc.)  These  sections 
provide  for  liens  for  mechanics,  material  men,  contractors,  min- 
ers and  others  for  labor  done  on  mining  claims  or  material  fur- 
nished, etc.,  for  recording  of  such  liens  and  their  enforcement 
in  court. 

Reference  is  here  made  to  said  sections  for  terms  of  con- 
tract, etc. 

Sees.  1204  to  1207,  inclusive.    (Code  of  Civil  Proc.)    Provide, 
in  cases  of  assignment  of  mining  companies,  for  liens  on  min- 
'  ing  claims  and  procedure  to  collect  same. 

EMINENT  DOMAIN. 

An  Act  to  amend  Section  1238  of  Code  of  Civil  Procedure,  re- 
lating to  the  public  uses  on  behalf  of  which  the  right  of 
Eminent  Domain  may  be  exercised. 

(Chapter  31,  Laws  of  1915.) 

This  act  provides  for  what  uses  (including  rights  of  way 
for  ditches,  flumes,  etc.,  for  mining)  the  right  of  eminent  do- 
main may  be  used.  For  those  interested  reference  is  here  made 
to  Session  Laws  of  1915,  page  38  for  this  act. 


76  MINING  LAWS  OF  CALIFOBNIA 

Sec.  1580.  (New  in  1909.)  This  section  went  into  effect 
May  19th,  1909,  and  gives  the  proceedings  necessary  to  be 
taken  by  an  executor,  administrator  or  guardian  of  a  minor  or 
incompetent  person  for  the  sale  of  mining  claims  belonging  to 
an  estate,  a  minor  or  an  incompetent  person.  This  section  is 
too  long  to  insert  here,  but  may  be  found  in  the  California 
Session  Laws  of  1909,  or  in  the  Code  of  Civil  Procedure,  edition 
of  1909. 

Sec.  1925.  (Code  of  Civil  Proc.)  Certificates  of  purchase 
primary  evidence  of  ownership.  A  certificate  of  purchase  or  of 
location  of  any  lands  in  this  state,  issued  or  made  in  pursuance 
of  any  law  of  the  United  States  or  of  this  state,  is  primary 
evidence  that  the  holder  or  assignee  of  such  certificate  is  the 
owner  of  the  land  described  therein;  but  this  evidence  may  be 
overcome  by  proof  that  at  the  time  of  the  location  or  time  of 
filing  a  pre-emption  claim  on  which  the  certificate  may  have 
been  issued,  the  land  was  in  the  adverse  possession  of  the  ad- 
verse party,  or  those  under  whom  he  claims,  or  that  the  adverse 
party  is  holding  the  land  for  mining  purposes.  (En.  March  11, 
1872.) 

91  Cal.  544;  125  Cal.  405;  87  Cal.  299. 

Sec.  1927.  (Code  of  Civil  Proc.)  Whenever  any  patent  for 
mineral  lands  within  the  State  of  California,  issued  or  granted 
by  the  United  States  of  America,  shall  contain  a  statement  of 
the  date  of  the  location  of  a  claim  or  claims,  upon  which  the 
granting  or  issuance  of  such  patent  is  based,  such  statement 
shall  be  prima  facie  evidence  of  the  date  of  such  location. 

(Act  approved  March  16,  1872.    Stats.  1871,  page  413.) 

For  the  Protection  of  Miners. 

Sec.  1.  It  shall  not  be  lawful  for  any  corporation,  asso- 
ciation, owner,  or  owners  of  any  quartz  mining  claims  within 
the  State  of  California,  where  such  corporation,  association, 
owner  or  owners  employ  twelve  men  daily,  to  sink  down  into 
such  mine  or  mines  any  perpendicular  shaft  or  incline  beyond  a 
depth  from  the  surface  of  three  hundred  feet  without  providing 
a  second  mode  of  egress  from  such  mine,  by  shaft  or  tunnel, 
to  connect  with  the  main  shaft  at  a  depth  of  not  less  than  one 
hundred  feet  from  the  surface. 

Modes  of  Escape. 

Sec.  2.  It  shall  be  the  duty  of  each  corporation,  association, 
owner  or  owners  of  any  quartz  mine  or  mines  in  this  state, 
where  it  becomes  necessary  to  work  such  mines  beyond  the 
depth  of  three  hundred  feet,  and  where  the  number  of  men 
employed  therein  daily  shall  be  twelve  or  more,  to  proceed  to 
sink  another  shaft  or  construct  a  tunnel  so  as  to  connect  with 
the  main  working  shaft  of  such  mine  as  a  mode  of  escape  from 
underground  accident,  or  otherwise.  And  all  corporations,  as- 


MINING  LAWS  OF  CALIFOKNIA  77 

sociations,  owner  or  owners  of  mines,  as  aforesaid,  working  at 
a  greater  depth  than  three  hundred  feet,  not  having  any  other 
mode  of  egress  than  from  the  main  shaft,  shall  proceed  as  here- 
in provided. 

Liabilities. 

Sec.  3.  When  any  corporation,  association,  owner  or  owners 
of  any  quartz  mine  in  this  state  shall  fail  to  provide  for  the 
proper  egress,  as  herein  contemplated,  and  where  any  accident 
shall  occur,  or  any  miner  working  therein  shall  be  hurt  or  in- 
jured, and  from  such  injury  might  have  escaped  if  the  second 
mode  of  egress  had  existed,  such  corporation,  association,  owner 
or  owners  of  the  mine  where  the  injuries  shall  have  occurred 
shall  be  liable  to  the  person  injured  in  all  damages  that  may 
accrue  by  reason  thereof;  and  an  action  at  law  in  a  court  of 
competent  jurisdiction  may  be  maintained  against  the  owner  or 
owners  of  such  mine,  which  owners  shall  be  jointly  or  severally 
liable  for  such  damages.  And  where  death  shall  ensue  from  in- 
juries received  from  any  negligence  on  the  part  of  the:  owners 
thereof,  by  reason  of  their  failure  to  comply  with  any  of  the 
provisions  of  this  act,  the  heirs  or  relatives  surviving  the  de- 
ceased may  commence  an  action  for  the  recovery  of  such  dam- 
ages, as  provided  by  an  act  entitled  An  Act  Requiring  Compen- 
sation for  Causing  Death  by  Wrongful  Act,  Neglect  or  Default, 
Approved  April  twenty-sixth,  eighteen  hundred  and  sixty-two. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  six  months 
from  and  after  its  passage. 

ACT  OF  MARCH  31,  1891. 
Easement  and  Drainage  of  Mines  in  the  State  of  California. 

Sec.  1.  Whenever  any  mine-owner,  company  or  corpo- 
ration shall  have  performed  the  labor  and  made  the  improve- 
ments required  by  law  for  the  location  and  ownership  of  min- 
ing claims -or  lodes,  such  owner,  company  or  corporation  shall 
file  or  cause  to  be  filed,  within  thirty  days  after  the  time  lim- 
ited for  performing  such  labor,  or  making  such  improvements, 
with  the  county  recorder  of  deeds  of  the  county  in  which  the 
mine  or  claim  is  situated,  an  affidavit,  particularly  describing 
the  labor  performed  and  improvements  made,  and  the  value 
thereof,  which  affidavit  shall  be  prima  facie  evidence  of  the 
facts  therein  stated.  Upon  the  failure  of  any  claimant  or  mine- 
owner  to  comply  with  the  conditions  of  this  act  in  the  perform- 
ance of  labor,  or  making  of  improvements  upon  any  claim,  mine 
or  mining  ground,  the  claim  or  mine  upon  which  such  failure  oc- 
curred shall  be  open  to  relocation  in  the  same  manner  as  if  no 
location  of  the  same  had  ever  been  made.  But  if,  previous  to 


78  MINING  LAWS  OF  CALIFORNIA 

relocation,  the  original  locators,  their  heirs,  assigns  or  legal 
representatives,  resume  work  upon  such  claim,  and  continue  the 
same  with  reasonable  diligence  until  the  required  amount  of 
labor  has  been  performed  or  improvements  made,  and  the  re- 
quired statement  of  accounts  and  affidavits  filed  with  the  county 
recorder,  then  the  claim  shall  not  be  subject  to  relocation  be- 
cause of  previous  failure  to  file  accounts.  Upon  the  failure  of 
any  one  of  the  several  co-owners  to  contribute  his  portion  of  the 
expenditures  required  hereby,  the  co-owners  who  have  per- 
formed the  labor  or  made  the  improvement  may,  at  the  expi- 
ration of  the  year,  give  such  delinquent  co-owner  personal  no- 
tice, in  writing,  or  by  publication  in  the  newspaper  published 
nearest  the  claim  for  at  least  once  a  week  for  ninety  days ;  and 
if,  at  the  expiration  of  ninety  days  after  such  notice  in  writing 
or  publication,  such  delinquent  should  fail  or  refuse  to  con- 
tribute his  portion  of  the  expenditures  required  by  this  section, 
his  interests  in  the  claim  become  the  property  of  his  co-owners, 
who  made  the  required  expenditures.  A  copy  of  such  notice, 
together  with  an  affidavit  showing  personal  service  or  publica- 
tion, as  the  case  may  be,  of  such  notice,  when  filed  or  recorded 
with  the  recorder  of  deeds  of  the  county  in  which  such  mining 
claim  is  situated,  shall  be  evidence  of  the  acquisition  of  title 
of  such  co-owners.  Where  a  person  or  company  has  or  may 
run  a  tunnel  or  cuts  for  the  purpose  and  in  good  faith  for  the 
purpose  of  developing  a  lode,  lodes  or  claims  owned  by  said 
person  or  company  or  corporation,  the  money  so  expended  in 
running  said  tunnel  shall  be  taken  and  considered  as  expended 
on  said  lodes  or  claims;  provided  further,  that  said  lode,  claim 
or  claims  shall  be  distinctly  marked  on  the  surface,  as  provided 
by  law. 

Sec.  2.  All  mining  locations  and  mining  claims  shall  be 
subject  to  a  reservation  of  the  right  of  way  through  or  over  any 
mining  claims,  ditches,  roads,  canals,  cuts,  tunnels,  and  other 
easements  for  the  purpose  of  working  other  mines;  provided, 
that  any  damage  occasioned  thereby  shall  be  assessed  and 
paid  for  in  the  manner  provided  by  law  for  land  taken  for  pub- 
lic use  under  the  right  of  eminent  domain. 

Sec.  3.     This  act  shall  take  effect  immediately. 
Harris  v.  Kellogg,  117  Cal.  484. 


ACT  OF  MARCH  20,  1903. 

Section  1.     Provides  that  all  abandoned  mining  shafts  shall 
be  fenced. 

Sec.  2.     Provides  that  boards    of    supervisors    may    cause 
shafts  on  unoccupied  public  land  to  be  fenced. 

Sec.  3.     Provides  that  removing  covering  or  fencing  over 
mining  shafts  shall  be  a  misdemeanor. 


MINING  LAWS  OF  CALIFORNIA  79 

PROVISIONS  OF  GENERAL  STATUTES, 

Act  483  to  be  found  in  the  Session  Laws  of  1875,  at  page  853, 
provided  for  the  Recording  of  Mining  Claims  in  Calaveras 
county.  (142  Cal.  411.) 

Act  2223  of  March  27,  1874.  For  the  Protection  of  Coal 
Mines  and  Coal  Miners,  can  be  found  in  the  Session  Laws  of 
California,  1873-4,  at  page  726. 

Act  2225,  of  March,  1893,  provides  for  a  uniform  system  of 
mine  bell  signals  to  be  used  in  all  mines  operated  in  the  State 
of  California.  (These  rules  printed  on  sheets  can  be  obtained 
from  State  Mining  Bureau  for  5c.)  (California  Laws  1893, 
page  82.) 

Act  2226  of  March  24,  1893,  provides  for  the  appointment, 
duties  and  compensation  of  a  Debris  Commissioner,  and  makes 
an  appropriation  to  be  expended  in  the  discharge  of  his  duties 
as  such  commissioner. 

This  act  can  be  found  in  the  Session  Laws  of  California,  of 
1893,  page  339;  of  1897,  page  169;  of  1901,  pages  284  and  564; 
and  in  full  as  amended  in  General  Laws  of  California,  Act  No. 
2226. 

Act  2227.  (General  Laws.)  This  provides  that  public 
lands  of  California,  Sees.  16  and  36,  are  open  to  mineral  entry. 

Act  2228.     To  regulate  the  rights  of  owners  of  mines. 

This  act  gave  rights  of  way  to  miners,  and  places  of  deposits. 
It  has  not  been  repealed  in  terms,  but  as  County  Courts  have 
been  abolished,  it  is  probably  not  in  force.  It  can  be  found 
in  Statutes  of  California,  1869-70,  of  page  569. 

CALIFORNIA  HYDRAULIC  MINING. 

(Provisions  of  California  Civil  Code.) 
Where  Hydraulic  Mining  can  be  Carried  On. 

Sec.  1424.    The  business  of  hydraulic  mining  may  be  carried 
on  within  the  State  of  California  wherever  and  whenever  the 
same  can  be  carried  on  without  material  injury  to  the  navi- 
gable streams,  or  the  lands  adjacent  thereto. 
Meaning  of  Hydraulic  Mining. 

Sec.  1425.  Hydraulic  mining,  within  the  meaning  of  this 
title,  is  mining  by  the  means  of  the  application  of  water,  under 
pressure,  through  a  nozzle,  against  a  natural  bank. 

For  provisions  of  an  Act  to  create  the  California  Debris  Com- 
mission and  regulate  Hydraulic  Mining  in  California. 

See  Act  of  Congress,  March  1>  1893,  ch.  183 ;  27  U.  S.  Stat. 
at  Large  507;  also  Amendment  of  February  27,  1907, 
in  34  Stat.  at  Large,  page  1001. 


80  MINING  LAWS  OF  CALIFORNIA 

Licenses  are  obtained  by  application  to  California  Debris 
Commission,  San  Francisco,  Cal. 

LANDS  UNCOVERED  BY  RECESSION  OF  WATER. 

AN  ACT  TO  AMEND  SECTION  3493m  OF  THE  POLITICAL 

CODE— APPROVED  APRIL  14,  1911. 

This  Act  provides  that  any  person  may  purchase  any  State 
lands  which  may  be  hereafter  uncovered  by  the  recession  of 
waters  of  inland  lakes,  by  application  to  Surveyor  General  of 
California,  but  if  such  lands  contain  mineral  deposited  by 
water  the  lands  can  be  leased.  See  above  section  for  full  text 
of  this  Act. 

MINERAL  LANDS  WITHIN  MEANDER  LINES  OF 
LAKES,  ETC. 

(Approved  April  27,  1911.) 

This  Act  provides  that  lands  within  original  meander  lines 
of  streams  the  waters  of  which  contain  minerals  may  be  leased. 
For  full  text  of  Act  see  the  Act  itself,  too  long  and  not  of  suf- 
ficient general  interest  for  this  book.  Also  write  Assessor  of 
County  in  which  such  lands  occur  or  to  Surveyor  General  of 
California  for  full  information  and  blanks. 

EIGHT  HOUR  LAW. 

(Approved  March  30,  1913.) 

Section  1.  Provides  that  persons  engaged  in  work  in  under- 
ground mines,  shall  not  exceed  eight  hours  in  any  twenty-four 
hours,  except  in  case  of  emergency. 

Sec.  2.  Provides  a  penalty  for  anyone  violating  the  act, 
laborer  or  employer. 

WATER  COMMISSION. 

California  has  created  a  Water  Commission  of  five  persons, 
to  govern  locations  of  water  rights  in  the  State  and  to  make 
rules  and  regulations  governing  use  of  streams.  For  provi- 
sions of  this  Act  see  Act  of  June  16,  1913,  (1913  Session  Laws). 

MINERALS  IN  LAKES  AND  STREAMS. 

AN  ACT  REGULATING  THE  EXTRACTION  OF  MINER- 
ALS FROM  THE  WATERS  OF  ANY  STREAM  OR  LAKE 
AND  PROHIBITING  THE  EXTRACTION  OF  MINERALS 
FROM  SAID  WATERS  EXCEPT  UNDER  LEASE  FROM  OR 
EXPRESS  PERMISSION  OF  THE  STATE  FOR  A  PERIOD 
NOT  EXCEEDING  TWENTY-FIVE  YEARS. 
(Approved  April  14,  1911.) 

Section  1.     Minerals  contained  in  the  waters  of  any  stream 


MINING  LAWS  OF  CALIFORNIA  81 

or  lake  in  this  state  shall  not  be  extracted  from  said  waters 
except  upon  charges,  terms  and  conditions  prescribed  by  law. 
No  person,  firm,  corporation  or  association  shall  hereafter 
gain  the  right  to  extract  or  cause  to  be  extracted  said  minerals 
from  said  waters  by  user,  custom,  prescription,  appropriation, 
littoral  rights,  riparian  rights,  or  in  any  manner  other  than  by 
lease  from  or  express  permission  of  the  state  as  prescribed  by 
law;  and  no  such  lease  or  permission  shall  be  granted  for  a 
longer  period  than  twenty-five  years. 

Sec.  2.  All  acts  or  parts  of  acts  in  conflict  herewith  are 
hereby  repealed.  . 

Sec.  3.     This  act  shall  take  effect  immediately. 

ACT  CREATING  A  "CONSERVATION  COMMISSION,"  ETC. 

(Approved  April  8,  1911.) 

This  act  provides  for  the  appointment  by  the  Governor  of  a 
' '  Conservation  Commission  of  the  State  of  California, ' '  to  con- 
sist of  three  persons,  serving  without  pay.  The  duties  of  such 
commission  are  to  investigate  the  laws  of  the  United  States  and 
foreign  nations,  etc.,  upon  the  subjects  of  forestry,  water, 
electricity,  power,  mines  and  mining,  etc.,  and  to  prepare  and 
recommend  to  the  legislature  laws  on  such  subjects — (Too 
long  for  this  book — See  Session  Laws  of  1911). 

CALIFORNIA  STATE  MINING  BUREAU. 

The  state  has  established  a  State  Mining  Bureau.  The  chief 
officer  of  the  Bureau  is  the  State  Mineralogist.  The  objects  of 
the  Bureau  are  to  advance  the  mineral  industries  of  the  state, 
investigate  its  mineral  resources  and  geology,  and  publish  re- 
ports and  bulletins  on  the  state  and  inspect  mines.  It  maintains 
its  offices,  library  and  a  fine  mineral  exhibit  in  the  Ferry  Build- 
ing, San  Francisco,.  California.  (For  the  law  creating  the  Bu- 
reau and  its  duties  and  powers  see  Act  of  June  16,  1913.) 

GRAND  LARCENY  FROM  MINE. 

(Act  of  March  20th,  1872.    Deering's  Penal  Code,  p.  833.) 

Section  1.  Every  person  who  shall  feloniously  steal,  take 
and  carry  away,  or  attempt  to  take,  steal,  and  carry  from  any 
mining  claim,  tunnel,  sluice,  under-current,  riffle-box,  or  sul- 
phurate (sulphuret)  machine  any  gold-dust,  amalgam,  or  quick- 
silver, the  property  of  another,  shall  be  deemed  guilty  of  grand 
larceny,  and  upon  conviction  thereof  shall  be  punished  by  im- 
prisonment in  the  state  prison  for  any  term  of  not  less  than  one 
year  nor  more  than  fourteen  years. 

Act  Takes  Effect  When. 

Sec.  2.     This  act  shall  be  in  force  from  and  after  its  passage. 


82  MINING  LAWS  OF  CALIFOENIA 

An  act  prohibiting  the  unnecessary  wasting  of  natural  gas  into 
the  atmosphere;  providing  for  the  capping  or  otherwise 
closing  of  wells  from  which  natural  gas  flows ;  and  provid- 
ing penalties  for  violating  the  provisions  of  this  act. 

(Approved  March  25,  1911.) 

Section  1.  All  persons,  firms,  corporations  and  associations 
are  hereby  prohibited  from  wilfully  permitting  any  natural  gas 
wastefully  to  escape  into  the  atmosphere. 

Sec.  2.  All  persons,  firms,  corporations  or  associations  dig- 
ging, drilling,  excavating,  constructing  or  owning  or  controlling 
any  well  from  which  natural  gas  flows  shall  upon  the  aban- 
donment of  such  well,  cap  or  otherwise  close  the  mouth  of  or 
entrance  to  the  same  in  such  a  manner  as  to  prevent  the 
unnecessary  or  wasteful  escape  into  the  atmosphere  of  such 
natural  gas.  And  no  person,  firm,  corporation  or  association 
owning  or  controlling  land  in  which  such  well  or  wells  are 
situated  shall  wilfully  permit  natural  gas  flowing  from  such 
well  or  wells,  wastefully  or  unnecessarily  to  escape  into  the 
atmosphere. 

Sec.  3.  Any  person,  firm,  corporation  or  association  who 
shall  wilfully  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars  or  by  imprisonment  in  the  county  jail  for  not  more 
than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  4.  For  the  purposes  of  this  act  each  day  during  which 
natural  gas  shall  be  wilfully  allowed  wastefully  or  unneces- 
sarily to  escape  into  the  atmosphere  shall  be  deemed  a  separate 
and  distinct  violation  of  this  act. 

Sec.  5.  All  acts  or  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Sec.  6.     This  act  shall  take  effect  immediately. 


PROTECTION  OF  OIL  AND  GAS  STRATA. 

AN  ACT  TO  PREVENT  INJURY  TO  OIL,  GAS  OR  PETRO- 
LEUM-BEARING STRATA  OR  FORMATIONS  BY  THE 
PENETRATION  OR  INFILTRATION  OF  WATER. 

(Approved  March  20,  1909.) 

This  Act  does  not  concern  general  mining  and  too  long  for 
this  book.  It  can  be  found  in  the  General  Statutes  of  Cali- 
fornia. 


MINING  LAWS  OF  CALIFOBNIA  83 

AGRICULTURAL  ENTRY  OF  MINERAL  LAND. 

An  act  to  authorize  the  surveyor  general  of  the  State  of  Cali- 
fornia to  consent  to  the  provisions  of  the  act  of  congress 
approved  July  17,  1914,  entitled  "An  act  to  provide  for 
agricultural  entry  of  lands  withdrawn,  classified,  or  re- 
ported as  containing  phosphate,  nitrate,  potash,  oil,  gas  or 
asphaltic  minerals." 

(Chapter  66.    Approved  April  15,  1915.) 

Section  1.  The  surveyor  general  of  the  State  of  California 
is  hereby  authorized  and  empowered  to  accept  the  benefits  of 
the  act  of  congress  approved  July  17,  1914,  entitled:  "An 
act  to  provide  for  agricultural  entry  of  lands  withdrawn, 
classified,  or  reported  as  containing  phosphate,  nitrate,  potash, 
oil,  gas,  or  asphaltic  minerals,"  and  on  behalf  of  the  State  of 
California,  or  of  any  assignee  of  the  State  of  California,  to 
accept  and  receive  lists  and  patents  to  lands  selected  by  the 
State  of  California  as  agricultural  lands,  which  were  subse- 
quently withdrawn,  classified  or  reported  as  being  valuable 
for  phosphate,  nitrate,  potash,  oil,  gas,  or  asphaltic  minerals, 
and  containing  a  reservation  to  the  United  States  of  all  de- 
posits on  account  of  which  the  lands  were  withdrawn,  classi- 
fied, or  reported  as  being  valuable,  together  with  the  right 
to  prospect  for,  mine  and  remove  the  same,  as  provided  in  said 
act  of  congress. 


OIL  AND  GAS  SUPERVISOR. 

An  Act  establishing  and  creating  a  department  of  the  State 
mining  bureau  for  the  protection  of  the  natural  resources 
of  petroleum  and  gas  from  waste  and  destruction  through 
improper  operations  in  production;  providing  for  the  ap- 
pointment of  a  state  oil  and  gas  supervisor ;  prescribing  his 
duties  and  powers;  fixing  his  compensation;  providing  for 
the  appointment  of  deputies  and  employees;  providing  for 
their  duties  and  compensation;  providing  for  the  inspection 
of  petroleum  and  gas  wells ;  requiring  all  persons  operating 
petroleum  and  gas  wells  to  make  certain  reports;  pro- 
viding procedure  for  arbitration  of  departmental  rulings; 
creating  a  fund  for  the  purpose  of  the  act;  providing  for 
assessment  of  charges  to  be  paid  by  operators  and  provid- 
ing for  the  collection  thereof;  and  making  an  appropria- 
tion for  the  purposes  of  this  act. 

(Chapter  718.    In  effect  August  9,  1915.) 

This  law  can  be  found  by  those  interested  in  the  California 
Session  Laws  of  1915,  page  1404.  Too  long  for  this  book  as 
it  does  not  interest  mining  men  generally. 


84  MINING  LAWS  OF  CALIFORNIA 

TELEPHONE  SYSTEM  IN  MINES. 

An  Act  providing  for  the  establishment  and  maintenance  of  a 
telephone  system  in  mines  and  prescribing  a  penalty  for 
the  violation  thereof. 

(Approved  June  13,  1913.) 

Section  1.  In  all  mines  operated  and  worked  in  this  state 
where  a  depth  of  more  than  five  hundred  feet  underground  has 
been  reached  a  telephone  system  must  be  established,  equipped 
and  maintained  by  the  owners  or  lessees  thereof  with  stations 
at  each  working  level  below  the  depth  aforesaid,  communi- 
cating with  a  station  thereof  on  the  surface  of  any  such  mine. 

Sec.  2.  The  failure  or  refusal  of  any  owner  or  lessee  to  in- 
stall or  maintain  such  telephone  system  shall  be  deemed  guilty 
of  misdemeanor  and  punished  accordingly. 

NOTICE  OF  QUARTZ  LODE  LOCATION. 

Notice  is  hereby  given,  That  I, , 

a  citizen  of  the  United  States,  have  discovered  a  vein  of  rock 
in  place,  carrying  gold,  silver,  copper,  and  other  valuable  de- 
posits, upon  which  I  have  erected  a  discovery  monument  and 
posted  this  notice,  as  hereinafter  set  forth;  that  in  accordance 
with  the  provision  of  Chapter  6,  Title  32  of  the  Revised  Stat- 
utes of  the  United  States  and  the  laws  of  the  State  of  Cali- 
fornia, I  hereby  claim  fifteen  hundred  linear  feet  of  said  vein, 
measured  thereon  as  hereinafter  set  forth.  Said  discovery 

was  made  on  the day  of , 

19. ...    Immediately  upon  making  the  same,  and  on  the 

day  of ,  19 . . . ,  I  erected  at  the  point  of  dis- 
covery, a  substantial  monument,  consisting  of  a  mound  of  rocks 
and ,  posted  thereon  this  notice. 

The  *  general  course  of  said  vein  is and 

I  claim  in  length  thereon feet and 

feet from  said  discovery  monument.  I  also  claim 

three  hundred  feet  on  each  side  of  the  center  of  the  vein.  This 

vein  or  claim  shall  be  known  as  Und  called  the 

It  is  situated  in Mining  District,  and  in  t 

Sec ,  Tp ,  R S.  B.  M.,  in. 

County,  California,  and  the  discovery  monument 

being  placed  about  § 

from 

That  the  following  is  a  description  of  said  location  as  marked 


MINING  LAWS  OF  CALIFORNIA  85 

on  the  ground ;  $  commencing  at  the 

of  said  claim,  a from  which 

initial  point  the  discovery  monument  is  distant  about 

feet  in  a direction ; thence| | 

Dated  and  posted  on  the  ground,  this day  of 

,  19.... 

Witness . . 


Locators. 


*Make  this  description  in  accordance  with  the  facts,  as  "The  general  course  of 
said  vein  is  north  and  south.  I  claim  in  length  thereon  500  feet  north  and  1000 
feet  south  from  said  discovery  monument." 

flf  the  claim  is  upon  surveyed  land,  give  the  section,  township  and  range,  if 
possible.  This  is  not  required  by  law,  but  makes  a  much  better  description. 

§Here  refer  to  some  natural  object  or  permanent  monument  so  as  to  identify  the 
locality  of  the  claim,  in  compliance  with  section  2324,  Revised  Statutes  U.  S.  A 
road,  house,  tree,  known  mountain  or  peak,  government  corner,  mill,  or  known 
mining  claim,  are  such  objects  or  monuments.  As,  "About  one  mile  directly  east 
from  Jim  Budd's  quartz  mill  and  400  rods  west  from  the  Lone  Star  mine,"  etc. 

JHere  state:  "Commencing  at  the  N.  E.  corner  of  said  claim,  a  mound  of  rocks 
4  ft.  high,"  or  at  any  other  corner  or  point  in  the  boundary;  give  the  distance 
and  direction  from  this  initial  monument  to  the  discovery  monument,  and  then 
locate  the  discovery  with  reference  to  some  natural  object  or  permanent  monument. 

||Here  follows  a  description  of  the  claim  from  the  initial  monument.  For  in- 
stance: "Thence  600  ft.  northwesterly  to  the  N.  W.  corner  of  said  claim,  at 
which  point  is  a  mound  of  rocks  2%  ft.  high,  marked  so-and-so  (if  marked); 
thence  1500  ft.  southwesterly  to  the  S.  W.  corner  of  said  claim,  being  a  mound  of 
rocks,"  etc.;  so  going  around  the  claim  to  the  point  of  beginning. 


NOTICE  OF  LOCATION  OF  PLACER  CLAIM. 

Notice  is  hereby  given,  That , 

citizen . .  of  the  United  States,  h . .  this day  of 

,  19 . . . ,  discovered  a  valuable  placer  deposit 

within  the  limits  of  this  claim;  that  by  virtue  of  said  dis- 
covery,   

ha. .  located,  and  hereby  locate  and  claim  the  following  de- 
scribed land,  situate  in Mining  District, 

County,  California,  to-wit :  *  

of  section ,  Township ,  Range , 

S.  B.  M.,  containing acres. t  Said  claim  is 

hereby  named Placer  Claim.  Said  claim 

is  marked  upon  the  ground  as  follows :  t 

This  notice  is  posted  on  a  mound  of  rocks  at  the  point  of 


86  MINING  LAWS  OF  CALIFOBNIA 

discovery,  situated  § 

Dated  and  posted  on  the  ground,  this ....  day  of ,  19 .... 


Locator. 

For  form  of  Mill  Site  Location  Notice,  see  U.  S.  Mining  Laws. 

For  form  of  Affidavit  of  Annual  Labor,  see  end  of  Arizona 
Mining  Laws. 

For  form  of  Notice  of  Forfeiture,  see  U.  S.  Mining  Laws,  at 
end  thereof. 


*The  statute  provides  that  the  locator  must  give  "a  description  of  the  claim  by 
reference  to  legal  subdivisions  of  sections,  if  the  location  is  made  in  conformity 
with  the  public  surveys;  otherwise  a  description  with  reference  to  some  natural 
object  or  permanent  monument  as  will  identify  the  claim." 

tWhen  not  described  by  legal  subdivisions,  the  description  should  conform  to 
that  contained  in  the  final  certificate  of  location  of  a  lode  claim. 

JThe  statute  provides  that,  whether  described  by  legal  subdivisions  or  not,  the 
location  shall  be  marked  by  the  locator  on  the  ground,  and  as  the  affidavit  to  be 
filed  later  is  not  required  to  contain  a  description  of  the  claim,  we  think  this 
notice  should  state  how  the  location  is  marked;  as,  for  instance,  "At  the  N.  E. 
corner  of  said  tract  a  mound  of  rocks  3  ft.  high,  marked  so-and-so  (if  marked), 
and  at  the  N.  W.  corner  a  stake  in  a  mound  of  rocks,  marked,"  etc.,  and  so  on 
for  each  monument  enclosing  the  claim. 

§Here  state  where  the  discovery  is  located,  as,  for  instance,  "20  ft.  S.  W.  of 
the  N.  E.  corner  monument." 

|IA  duplicate  of  this  notice  must  be  filed  for  record  with  the  county  recorder 
within  thirty  days  from  the  discovery;  and  the  locator  is  allowed  thirty  days  to 
mark  his  location  on  the  ground. 


TO  ATTORNEYS 


1  would  advise  you  that  I  have  in  my  office  a  complete  set  of 
Arizona  Statutes,  decisions  and  forms  which  you  are  welcome 
to  use  at  any  time. 

I  have  associates,  mostly  attorneys,  who  can  act  as  agents  for 
corporations,  in  all  the  principal  towns  of  Arizona,  and  I  can 
thus  quickly  and  carefully  assist  you  to  incorporate.  Corres- 
pondence with  attorneys  on  Arizona  practice  will  be  cheerfully 
answered  to  assist  them  in  their  business.  I  was  for  many 
years  District  Attorney  in  Arizona  and  have  been  in  this  line 
of  business  for  20  years.  You  can  save  yourself  a  great  deal  of 
trouble  and  possible  error  by  handing  or  sending  your  original 
articles  (and  two  copies)  to  me,  and  my  associate  in  Arizona 
will  attend  to  filing  and  publishing  and  return  all  papers  to  you 
promptly. 

We  are  also  prepared  to  hold  stockholders'  meetings  any- 
where in  Arizona  by  proxy  when  desired. 

If  you  have  occasion  to  associate  counsel  with  you  in  any 
mining  litigation  in  Arizona,  I  would  have  you  know  that  either 
my  father,  Gen.  Thos.  F.  Wilson,  or  myself  attend  terms  of 
Court  in  Phoenix  (Maricopa  County),  Yuma  (Yuma  County), 
Nogales  (Santa  Cruz  County),  Florence  (Final  County),  Tomb- 
stone (Cochise  County),  and  Tucson  (Pima  County).  We  have 
had  from  fifteen  to  twenty  years'  experience  in  mining  litiga- 
tion in  Arizona. 

We  can  also  assist  you  to  obtain  patents  to  mining  claims  or 
agricultural  entries  either  through  the  local  U.  S.  Land  Offices 
at  Phoenix,  Arizona,  or  Los  Angeles,  California,  or  the  Depart- 
ments in  Washington. 

Gen.  Thos.  F.  Wilson  resides  at  Tucson,  Arizona,  where  he 
was  United  States  Attorney.  We  will  be  glad  to  be  associated 
in  any  class  of  general  law  business  you  may  have  in  Arizona. 

CALVERT  WILSON, 

Attorney  at  Law, 
Los  Angeles,  California. 

340  Wilcox  Bldg.     Home  Phone  A  1851.     Sunset  Main  4665. 


WORTH  B.  ANDREWS 

Mining  Engineer 


Examination  of  Mines  and  Prospects. 

Supervision  of  Development  and   Management  for 
Companies. 

Mining  Properties  of  Merit  Placed. 


BEDFORD  McNEILL  CODE. 


340    WILCOX    BUILDING 

LOS  ANGELES,  CALIFORNIA 

PHONE,  HOME  A  1 851 


COLORADO  MINING  LAWS 

(See  also  U.  S.  Mining  Laws.) 

COLORADO  STATUTES. 
Chapter  91. 

Revised  Statutes  of  Colorado,  1908,  and  Amendments  There- 
to, Session  Laws  of  1915,  Inclusive. 

Mines  and  Mining. 

Sec.  4192.  Length  of  Lode  Claim.  Sec.  1.  The  length  of  any 
lode  claim  hereafter  located  may  equal  but  not  exceed  fifteen 
hundred  feet  along  the  vein. 

Sec.  4193.  Width  of  Lode  Claim.  Sec.  2.  The  width  of  lode 
claims  hereafter  located  in  Gilpin,  Clear  Creek,  Boulder,  and 
Summit  Counties,  shall  be  one  hundred  and  fifty  feet  on  each 
side  of  the  center  of  the  vein  or  crevice;  in  all  other  counties 
the  width  of  the  same  shall  be  three  hundred  feet  on  each  side 
of  the  center  of  the  vein  or  crevice ;  and  the  owner  or  owners 
of  any  lode  claim  or  claims  heretofore  located  and  having  a  less 
width,  desirous  of  securing  the  benefit  of  this  act  may  file 
an  additional  certificate  claiming  such  additional  width  as  here- 
in provided;  provided,  that  hereafter  any  county  may,  at  any 
general  election,  determine  upon  a  greater  width  not  exceeding 
three  hundred  feet  on  each  side  of  the  center  of  the  vein  or  lode, 
by  a  majority  of  the  legal  votes  cast  at  said  election,  and  any 
county  by  such  vote  at  such  election  may  determine  upon  a 
less  width  than  above  specified.  (S.  L.  1913,  P.  413,  S.  2.) 

Sec.  4194.  Three  Months  to  Record  Location  Certificate — 
Contents.  Sec.  3.  The  discoverer  of  a  lode  shall,  within  three 
months  from  the  date  of  discovery,  record  his  claim  in  the  office 
of  the  recorder  of  the  county  in  which  such  lode  is  situated,  by 
a  location  certificate  which  shall  contain : 

First — The  name  of  the  lode. 

Second — The  name  of  the  locator. 

Third — The  date  of  location. 

Fourth — The  number  of  feet  in  length  claimed  on  each  side 
of  the  center  of  discovery  shaft. 

Fifth — The  general  course  of  the  lode  as  near  as  may  be. 

Sec.  4195.  When  Location  Certificate  Void.  Sec.  4.  Any 
location  certificate  of  a  lode  claim  which  shall  not  contain  the 
name  of  the  lode,  the  name  of  the  locator,  the  date  of  location, 
the  number  of  lineal  feet  claimed  on  each  side  of  the  discovery 
shaft,  the  general  course  of  the  lode,  and  such  description  as 
shall  identify  the  claim  with  reasonable  certainty,  shall  be  void. 


90  MINING  LAWS  OF  COLORADO 

Sec.  4196.  Certificate  Shall  Contain  But  One  Location.  Sec. 
5.  No  location  certificate  shall  claim  more  than  one  location, 
whether  the  location  be  made  by  one  or  several  locators.  And  if 
it  purports  to  claim  more  than  one  location,  it  shall  be  absolute- 
ly void,  except  as  to  the  first  location  therein  described,  and  if 
they  are  described  together,  or  so  that  it  cannot  be  told  which 
location  is  first  described,  the  certificate  shall  be  void  as  to  all. 

Sec.  4197.  Manner  of  Locating  Claims.  Sec.  6.  Before 
filing  such  location  certificate  the  discoverer  shall  locate  his 
claim  by : 

First — Sinking  a  discovery  shaft  upon  the  lode  to  the  depth 
of  at  least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft 
at  the  surface,  or  deeper,  if  necessary  to  show  a  well  defined 
crevice. 

Second — By  posting  at  the  point  of  discovery  on  the  surface 
a  plain  sign  or  notice,  containing  the  name  of  the  lode,  name  of 
the  locator,  and  date  of  discovery. 

Third — By  marking  the  surface  boundaries  of  the  claim. 

Sec.  4198.  Marking  Boundaries — Posts — Piles  of  Stones. 
Sec.  7.  Such  surface  boundaries  shall  be  marked  by  six  sub- 
stantial posts  hewed  or  marked  on  the  side  or  sides  which  are  in 
toward  the  claim,  and  sunk  in  the  ground,  to-wit :  one  at  each 
corner,  and  one  at  the  center  of  each  side  line.  Where  it  is  prac- 
tically impossible  on  account  of  bed  rock  to  sink  such  posts, 
they  may  be  placed  in  a  pile  of  stones,  and  where  in  marking 
the  surface  boundaries  of  a  claim  any  one  or  more  of  such  posts 
shall  fall  by  right  upon  precipitous  ground,  where  the  proper 
placing  of  it  is  impracticable  or  dangerous  to  life  or  limb,  it 
shall  be  legal  and  valid  to  place  any  such  post  at  the  nearest 
practicable  point,  suitably  marked  to  designate  the  proper 
place. 

Sec.  4199.  Open  Cross-Cut—Tunnel—Adit—To  Hold  Lode. 
Sec.  8.  Any  open  cut,  cross-cut  or  tunnel  which  shall  cut  a  lode 
at  the  depth  of  ten  feet  below  the  surface,  shall  hold  such  lode, 
the  same  as  if  a  discovery  shaft  were  sunk  thereon,  or  an  adit 
of  at  least  ten  feet  in  along  the  lode  from  the  point  where  the 
lode  may  be  in  any  manner  discovered,  shall  be  equivalent  to 
a  discovery  shaft. 

Sec.  4200.  Sixty  Days  to  Sink  Discovery  Shaft.  Sec.  9.  The 
discoverer  shall  have  sixty  days  from  the  time  of  uncovering  or 
disclosing  a  lode  to  sink  a  discovery  shaft  thereon. 

Sec.  4201.  What  Location  Includes — Extra  Lateral  Rights. 
Sec.  10.  The  location  or  location  certificate  of  any  lode  claim 
shall  be  construed  to  include  all  surface  ground  within  the  sur- 
face lines  thereof,  and  all  lodes  and  ledges  throughout  their  en- 
tire depth,  the  top  or  apex  of  which  lie  inside  such  lines  ex- 
tended downward,  vertically,  with  such  parts  of  all  lodes  or 


MINING  LAWS  OF  COLOEADO  91 

ledges  as  continue  by  dip  beyond  the  side  lines  of  the  claim,  but 
shall  not  include  any  portion  of  such  lodes  or  ledges  beyond 
the  end  lines  of  the  claim  or  the  end  lines  continued,  whether 
by  dip  or  otherwise,  or  beyond  the  side  lines  in  any  other  man- 
ner than  by  the  dip  of  the  lode. 

Sec.  4202.  Top  Not  to  Be  Followed  Beyond  Lines.  Sec.  11. 
If  the  top  or  apex  of  a  lode  in  its  longitudinal  course  extends  be- 
yond the  exterior  lines  of  the  claim  at  any  point  on  the  surface, 
or  has  extended  vertically  downward,  such  lode  may  not  be 
followed  in  its  longitudinal  course  beyond  the  point  where  it  is 
intersected  by  the  exterior  lines. 

Sec.  4203.    Repealed.    S.  L.  1911,  p.  515.    S.  3. 
Sec.  4204.    Repealed.    S.  L.  1911,  p.  515.    S.  3. 

Placer  Claims. 

Sec.  4205.  Location  Certificate — Recording — Manner  of  Lo- 
cating. Sec.  14.  The  discoverer  of  a  placer  claim  shall,  within 
thirty  days  from  the  date  of  discovery,  record  his  claim  in  the 
office  of  the  recorder  of  the  county  in  which  said  claim  is  situ- 
ated, by  a  location  certificate,  which  shall  contain :  First,  the 
name  of  the  claim,  designating  it  as  placer  claim.  Second,  the 
name  of  the  locator.  Third,  the  date  of  location.  Fourth,  the 
number  of  acres  or  feet  claimed ;  and,  fifth,  a  description  of  the 
claim,  by  such  reference  to  natural  objects  or  permanent  monu- 
ments as  shall  identify  the  claim.  Before  filing  such  location 
certificate  the  discoverer  shall  locate  his  claim :  First,  by  post- 
ing upon  such  claim  a  plain  sign  or  notice  containing  the  name 
of  the  claim,  the  name  of  the  locator,  the  date  of  discovery  and 
the  number  of  acres  or  feet  claimed.  Second,  by  marking  the 
surface  foundaries  with  substantial  posts,  and  sunk  into  the 
ground,  to- wit :  one  at  each  angle  of  the  claim. 

Sec.  4206.    Repealed.    S.  L.  1911,  p.  515,  Sec.  3. 

Tunnel  Sites. 

Sec.  4207.  Tunnel  Claim  Must  Be  Recorded— What  Speci- 
fied. Sec.  16.  If  any  person  or  persons  shall  locate  a  tunnel 
claim  for  the  purpose  of  discovery  he  shall  record  the  same, 
specify  the  place  of  commencement  and  termination  thereof, 
with  the  names  of  the  parties  interested  therein. 

Sec.  4208.    Repealed.    R.  S.  1911,  p.  515,  Sec.  3. 

See  Eminent  Domain,  Sees.  2435,  2450. 

Annual  Labor. 

Sec.  4209.  Affidavit  of  Annual  Labor— Effect  of  Filing.  Sec. 
18.  Within  six  months  after  any  set  time  or  annual  period  al- 
lowed for  the  performance  of  labor  or  making  improvements 
upon  any  lode  claim  or  placer  claim,  the  person  on  whose  be- 
half such  outlay  was  made,  or  some  person  for  him,  may  make 


92  MINING  LAWS  OF  COLOBADO 

and  record  in  the  office  of  the  recorder  of  the  county  wherein 
such  claim  is  situate,  an  affidavit  in  substance  as  follows : 

State  of  Colorado, County,  ss : 

Before  me,  the  subscriber,  personally  appeared 

who  being  duly  sworn,  saith  that  at  least dollars ' 

worth  of  work  or  improvements  were  performed  or  made  upon 
(here  describe  claim  or  part  of  claim)  situate  in min- 
ing district,  county  of ,  state  of  Colorado,  between  the 

day  of ,  A.  D ,  and  the 

day  of ,  A.  D Such  expenditure  was  made 

by  or  at  the  expense  of ,  owners 

of  said  claim,  for  the  purpose  of  complying  with  the  law,  and 
holding  said  claim. 

Jurat :  (Signature) 

And  such  affidavit  when  so  recorded  shall  be  prima  facie  evi- 
dence of  the  performance  of  such  labor  or  the  making  of  such 
improvements ;  provided,  that  all  affidavits  of  labor  or  improve- 
ments upon  placer  claims  heretofore  filed  and  recorded  within 
the  period  prescribed  in  this  section,  or  within  the  period  pre- 
scribed in  section  twenty-four  hundred  and  ten  of  the  general 
statutes,  shall  contain  in  substance  the  requirements  of  the 
affidavit  prescribed  by  this  section  or  said  section  twenty-four 
hundred  and  ten,  shall  be  prima  facie  evidence  of  the  perform- 
ance of  such  labor  or  the  making  of  such  improvements ;  and  the 
original  thereof,  or  a  certified  copy  of  the  record  of  the  same, 
shall  be  received  as  evidence  accordingly  by  the  courts  of  this 
state,  and  this  class  of  evidence  shall  be  receivable,  where  re- 
levant or  material,  in  all  causes,  whether  now  pending  or  here- 
after brought. 

Relocation. 

Sec.  4210.  Relocation  by  Owner — Conditions.  Sec.  19.  If 
at  any  time  the  locator  of  any  mining  claim  heretofore  or  here- 
after located,  or  his  assigns,  shall  apprehend  that  his  original 
certificate  was  defective,  erroneous  or  that  the  requirements  of 
the  law  had  not  been  complied  with  before  filing,  or  shall  be  de- 
sirous of  changing  his  surface  boundaries,  or  of  taking  in  any 
part  of  an  over-lapping  claim  which  has  been  abandoned,  or  in 
case  the  original  certificate  was  made  prior  to  the  passage  of 
this  law,  and  he  shall  be  desirous  of  securing  the  benefits  of  this 
act,  such  locator,  or  his  assigns,  may  file  an  additional  certifi- 
cate, subject  to  the  provisions  of  this  act;  provided,  that  such 
relocation  does  not  interfere  with  the  existing  rights  of  others 
at  the  time  of  such  relocation,  and  no  such  relocation  or  other 
record  thereof  shall  preclude  the  claimant  or  claimants  from 


MINING  LAWS  OF  COLOEADO  93 

proving  any  such  title  or  titles  as  he  or  they  may  have  held 
under  previous  location. 

Sec.  4211.  The  relocation  of  abandoned  Lode  claims  shall 
be  by  sinking  a  new  discovery  shaft  and  fixing  new  boundaries 
in  the  same  manner  as  if  it  were  the  location  of  a  new  claim ;  or 
the  re-locator  may  sink  the  original  discovery  shaft  ten  feet 
deeper  than  it  was  at  the  time  of  abandonment,  and  erect  new 
or  adopt  the  old  boundaries,  renewing  the  posts  if  removed  or 
destroyed.  In  either  case  a  new  location  stake  shall  be  erected. 
S.  L.  1911,  p.  515,  S.  2. 

Easements. 

Sec.  4212.  Right  of  Way  for  Water.  Sec.  21.  Whenever  any 
person  or  persons  are  engaged  in  bringing  water  into  any  por- 
tion of  the  mines  they  shall  have  the  right  of  way  secured  to 
them,  and  may  pass  over  any  claim,  road,  ditch  or  other  struc- 
ture ;  provided,  the  water  be  guarded  so  as  not  to  interfere  with 
prior  rights. 

Sec.  4213.  When  Party  May  Mine  Under  Buildings.  Sec.  22. 
No  person  shall  have  the  right  to  mine  under  any  building  or 
other  improvement  unless  he  shall  first  secure  the  parties  own- 
ing the  same  against  all  damages,  except  by  priority  of  right. 

Sec.  4214.  Flooding — Washing  Down  Tailings — Liability. 
Sec.  23.  In  no  case  shall  any  person  or  persons  be  allowed  to 
flood  the  property  of  another  person  with  water,  or  wash  down 
the  tailings  of  his  or  their  sluice  upon  the  claim  or  property  of 
other  persons,  but  it  shall  be  the  duty  of  every  miner  to  take 
care  of  his  own  tailings,  upon  his  own  property,  or  become  re- 
sponsible for  all  damage  that  may  arise  therefrom. 

Sec.  4215.  Right  of  Way  for  Hauling  Quartz.  Sec.  24. 
Every  miner  shall  have  the  right  of  way  across  any.  and  all 
claims  for  the  purpose  of  hauling  quartz  from  his  claim. 

Sec.  4216.  Right  of  Way  for  Ditch  or  Flum,e — Condemna- 
tion. Sec.  25.  All  mining  claims  now  located  or  which  may  be 
hereafter  located,  shall  be  subject  to  the  right  of  way  of  any 
ditch  or  flume  for  mining  purposes,  or  of  any  tramway  or  pack 
trail,  whether  now  in  use  or  which  may  be  hereafter  laid  out 
across  any  such  location;  provided,  always,  that  such  right  of 
way  shall  not  be  exercised  against  any  location  duly  made  and 
recorded,  and  not  abandoned  prior  to  the  establishment  of  the 
ditch,  flume,  tramway  or  pack  trail,  without  consent  of  the 
owner,  except  by  condemnation,  as  in  case  of  land  taken  for 
public  highways.  Parol  consent  to  the  location  of  any  such 
easement  accompanied  by  the  completion  of  the  same  over  the 
claim  shall  be  sufficient  without  writings;  and,  provided  fur- 
ther, that  such  ditch  or  flume  shall  be  so  constructed  that  the 


94  MINING  LAWS  OF  COLORADO 

water  from  such  ditch  or  flume  shall  not  injure  vested  rights 
by  flooding  or  otherwise. 

Sec.  4217.  Security  for  Mining  Under  Surface — Injunction — 
Bond.  Sec.  26.  When  the  right  to  mine  is  in  any  case  separate 
from  the  ownership  or  right  of  occupancy  to  the  surface,  the 
owner  or  rightful  occupant  of  the  surface  may  demand  satis- 
factory security  from  the  miner,  and  if  it  be  refused  may  en- 
join such  miner  from  working  until  such  security  is  given.  The 
order  for  injunction  shall  fix  the  amount  of  bond. 

Survey. 

Sec.  4218.  Survey  By  Order  of  Court— Notice— Mode— Affi- 
davit. Sec.  27.  In  all  actions  pending  in  any  district  court  of 
this  state,  wherein  title  or  right  of  possession  to  any  mining 
claim  shall  be  in  dispute,  the  said  court,  or  the  judge  thereof, 
may  upon  application  of  any  of  the  parties  to  such  suit,  enter 
an  order  for  the  underground,  as  well  as  surface  survey,  of  such 
part  of  the  property  in  dispute  as  may  be  necessary  to  a  just 
determination  of  the  question  involved.  Such  order  shall  desig- 
nate some  competent  surveyor,  not  related  to  any  of  the  parties 
in  such  suit,  or  in  any  wise  interested  in  the  result  of  the  same ; 
and  upon  the  application  of  the  party  adverse  to  such  applica- 
tion the  court  may  also  appoint  some  competent  surveyor  to  be 
selected  by  such  adverse  applicant,  whose  duty  it  shall  be  to 
attend  upon  such  survey  and  observe  the  method  of  making  the 
same ;  said  second  surveyor  to  be  at  the  cost  of  the  party  asking 
therefor.  It  shall  also  be  lawful  in  such  order  to  specify  the 
names  of  witnesses  named  by  either  party,  not  exceeding  three 
on  each  side,  to  examine  such  property,  who  shall  hereupon 
be  allowed  to  enter  into  such  property  and  examine  the  same. 
Said  court,  or  the  judge  thereof,  may  also  cause  the  removal  of 
any  rock,  debris  or  other  obstacles  in  any  of  the  drifts  or  shafts 
of  said  property,  when  such  removal  is  shown  to  be  necessary 
to  a  just  determination  of  the  question  involved;  provided, 
however,  that  no  such  order  shall  be  made  for  survey  and  in- 
spection except  in  open  court  or  in  chambers,  upon  notice  of  ap- 
plication of  such  order  of  at  least  six  days,  and  not  then  except 
by  agreement  of  parties,  or  upon  the  affidavit  of  two  or  more 
persons,  that  such  survey  and  inspection  is  necessary  to  the  just 
determination  of  the  suit,  which  affidavit  shall  state  the  facts 
in  such  case,  and  wherein  the  necessity  for  survey  exists,  nor 
shall  such  order  be  made  unless  it  appears  that  the  party  asking 
therefor  had  been  refused  the  privilege  of  survey  and  inspec- 
tion by  the  adverse  party. 

4219.  Recovery  of  Value  of  Ore  Wrongfully  Taken — Evi- 
dence— Damages.  Sec.  28.  In  trials  for  the  recovery  of  the 
value  of  ore  or  mineral  wrongfully  mined  and  extracted,  if 
plaintiff  shows  himself  entitled  to  recover,  provided  he  had  the 


MINING  LAWS  OF  COLOBADO  95 

rightful  possession  of  the  ground  from  which  the  ore  was  taken 
at  the  time  the  action  was  brought  or  tried,  the  fact  defendant 
may  have  been  in  possession  either  actual  or  constructive,  when 
the  case  was  tried,  such  fact  shall  not  deprive  plaintiff  from  re- 
covering damages  for  the  value  of  the  ore  or  mineral  mined 
and  extracted  according  to  the  rules  of  law  pertaining  to  the 
trials  of  actions  of  that  character.  But  for  the  purpose  of  the 
action  plaintiff  shall  be  deemed  and  held  to  be  in  possession  of 
all  the  ground,  drifts,  stopes,  openings  and  premises  from  which 
the  ore  was  taken.  Although  he  may  not  be  able  to  reach  such 
ground  from  his  own  openings  and  workings.  The  rule  of  law 
that  plaintiff  can  recover  nominal  or  six  cents  damages  for  the 
first  entry,  and  then  wait  until  he  obtains  actual  possession  of 
the  ground  from  which  the  ore  was  taken,  and  then  bring 
another  action  for  the  value  of  the  ore  or  mineral  so  mined  and 
taken,  shall  not  be  observed  nor  applied  to  defeat,  in  the  first 
action,  the  recovery  of  the  value  of  the  ore  or  mineral  so  wrong- 
fully mined  and  taken. 

4220.  Association  to  Seize  Property — Threats — Evidence — 
Penalty.  Sec.  29.  In  all  cases  when  two  or  more  persons  shall 
associate  themselves  together  for  the  purpose  of  obtaining  pos- 
session of  any  lode,  gulch  or  placer  claim,  then  in  the  actual 
possession  of  another,  by  force  or  violence  or  threats  of  vio- 
lence, or  by  stealth,  and  shall  proceed  to  carry  out  such  pur- 
pose by  making  threats  against  the  party  or  parties  in  posses- 
sion, or  who  shall  enter  upon  such  lode  or  mining  claim  for  the 
purpose  aforesaid,  or  who  shall  enter  upon  or  into  any  lode, 
gulch,  placer  claim,  quartz  mill,  or  other  mining  property,  or 
not  being  upon  such  property,  but  within  hearing  of  the  same, 
shall  make  any  threats,  or  make  use  of  any  language,  signs  or 
gestures  calculated  to  intimidate  any  person  or  persons  at  work 
on  said  property  from  continuing  to  work  thereon  or  therein, 
or  to  intimidate  others  from  engaging  to  work  thereon  or  there- 
in, every  such  person  so  offending  shall,  on  conviction  thereof, 
be  fined  in  a  sum  not  to  exceed  two  hundred  and  fifty  dollars, 
and  be  imprisoned  in  the  county  jail  not  less  than  thirty  days 
nor  more  than  six  months,  such  fine  to  be  discharged  either  by 
payment  or  by  confinement  in  said  jail  until  such  fine  is  dis- 
charged at  the  rate  of  two  dollars  and  fifty  cents  per  day.  On 
trials  under  this  section,  proof  of  a  common  purpose  of  two  or 
more  persons  to  obtain  possession  of  property  as  aforesaid, 
or  to  intimidate  laborers  as  above  set  forth,  accompanied  or 
followed  by  any  of  the  acts  above  specified  by  any  of  them, 
shall  be  sufficient  evidence  to  convict  anyone  committing  such 
acts,  although  the  parties  may  not  be  associated  together  at  the 
time  of  committing  the  same. 

Sec.  4221.  Killing  in  Attempt  to  Enter  By  Force — Murder- 
Aiding.  Sec.  30.  If  any  person  or  persons  shall  associate  and 


96  MINING  LAWS  OF  COLORADO 

agree  to  enter  or  attempt  to  enter  by  force  of  numbers,  and  the 
terror  such  numbers  is  calculated  to  inspire,  or  by  force  and  vio- 
lence, or  by  threats  of  violence,  against  any  person  or  persons 
in  the  actual  possession  of  any  lode,  gulch  or  placer  claim,  upon 
or  into  such  lode,  gulch  or  placer  claim,  and  upon  such  entry  or 
attempted  entry,  any  person  or  persons  shall  be  killed,  said  per- 
sons, and  all  and  each  of  them,  so  entering  or  attempting  to 
enter,  shall  be  deemed  guilty  of  murder  in  the  first  degree,  and 
punished  accordingly.  Upon  the  trials  of  such  cases  any  person 
or  parties  cognizant  of  such  entry,  or  attempted  entry,  who 
shall  either  be  present,  aiding  and  assisting,  or  shall  by  promise 
of  money,  property,  influence,  assistance  or  other  thing  of  value, 
in  anywise  encourage  such  entry,  or  attempted  entry,  shall  be 
deemed  a  principal  in  the  commission  of  said  offense. 

Sec.  4222.  Unauthorized  Removal  of  Trees  a  Misdemeanor. 
Sec.  31.  Whoever  shall  cut  down  and  remove,  or  shall  cut  down 
with  a  view  to  remove,  or  with  a  view  to  permitting  or  pro- 
curing another  to  remove,  or,  finding  cut  or  blown  down,  shall 
remove  any  tree  or  timber  standing,  growing  or  being  upon  any 
mining  claim  or  mill  site  of  another,  without  the  consent  of  the 
owner  or  holder  of  such  mining  claim  or  mill  site,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Sec.  4223.  Unlawful  Removal  of  Cabins  a  Misdemeanor.  Sec. 
32.  Whoever  shall  tear  down  and  remove,  or  shall  tear  down 
with  a  view  to  remove  or  with  a  view  to  permitting  or  procuring 
another  to  remove,  or,  finding  torn  down  in  whole  or  in  part, 
shall  remove  or  cause  to  be  removed,  any  house,  cabin  or  stable, 
ore  house  or  other  building  standing  or  being  upon  any  mining 
claim  or  mill  site  of  another,  without  the  consent  of  the  owner 
or  holder  of  such  mining  claim  or  mill  site,  shall  be  deemed 
guilty  of  a  misdemeanor. 

See.  4224.  Who  is  Deemed  Owner.  Sec.  33.  No  person  shall 
be  deemed  the  owner  or  holder  of  a  mining  claim  or  mill  site, 
as  mentioned  in  the  first  and  second  of  a  mining  claim  or  mill 
site,  as  mentioned  in  the  first  and  second  sections  of  this  act, 
where  such  mining  claim  or  mill  site  is  not  held  by  patent  title, 
or  where  such  mining  claim  or  mill  site  has  not  been  entered 
for  patent,  unless  such  mining  claim  or  mill  site  has  been  lo- 
cated, claimed  and  held  in  good  faith,  and  is,  at  the  time  of  the 
alleged  offense,  so  claimed  and  held  under  the  laws  of  the 
United  States,  the  state  of  Colorado  and  the  local  rules  and  cus- 
toms of  miners  in  the  district  where  such  property  is  situate. 

Sec.  4225.  Penalty  for  Wrongfully  Removal  of  Trees  or 
Cabin.  Sec.  34.  Whoever  shall  be  convicted  of  violation  of  any 
of  the  provisions  of  this  act  shall  be  punished  by  a  fine  of  not 
less  than  ten  dollars  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  a  period  of  not  less  than 


MINING  LAWS  OF  COLOEADO  97 

ten  days  nor  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court. 

4226.  Owners   of   Contiguous    Mines — Common   Influx    of 
Water.    Sec.  35.    Whenever  contiguous  or  adjacent  mines  upon 
the  same  or  upon  separate  lodes,  have  a  common  ingress  of 
water,  or  from  subterraneous  communication  of  the  water,  have 
a  common  drainage,  it  shall  be  the  duty  of  the  owners,  lessees 
or  occupants  of  each  mine  so  related,  to  provide  for  their  pro- 
portionate share  of  the  drainage  thereof. 

4227.  All  Parties  Pay  in  Proportion.     Sec.  36.    Any  par- 
ties so  related,  failing  to  provide  as  aforesaid  for  the  drainage 
of  the  mines  owned  or  occupied  by  them,  thereby  imposing  an 
unjust  burden  upon  neighboring  mines,  whether  owned  or  oc- 
cupied by  them,  shall  pay  respectively  to  those  performing  the 
work  of  drainage  their  proportion  of  the  actual  and  necessary 
cost  and  expense  of  doing  such  drainage,  to  be  recovered  by  an 
action  in  an.y  court  of  competent  jurisdiction. 

4228.  Incorporating  to  Drain  Mines.     Sec.  37.     It  shall  be 
lawful  for  mining  corporations  or  companies,  and  all  indivi- 
duals engaged  in  mining,  having  thus  a  common  interest  in 
draining  such  mines  to  unite  for  the  purpose  of  effecting  the 
same  under  such  common  name  and  upon  such  terms  and  con- 
ditions as  may  be  agreed  upon;  and  every  such  association, 
having  filed  a  certificate  of  incorporation,  as  provided  by  law, 
shall  be  deemed  a  corporation  with  all  the  rights,  incidents, 
and  liabilities  of  a  body  corporate,  so  far  as  the  same  may  be 
applicable. 

4229.  Refusal  to   Co-operate— Notice— Liability.     Sec.    38. 
Failing  to  mutually  agree  as  indicated  in  the  preceding  section 
for  drainage,  jointly,  one  or  more  of  the  said  parties  may  under- 
take the  work  of  drainage,  after  giving  reasonable  notice ;  and 
should  the  remaining  parties  then  fail,  neglect  or  refuse  to  unite 
in  equitable  arrangements  for  doing  the  work,  or  sharing  the 
expense  thereof,  they  shall  be  subject  to  an  action  therefor  as 
already  specified,  to  be  enforced  in  any  court  of  competent 
jurisdiction. 

Sec.  4230.  Action  to  Recover — Order  for  Inspection — Notice. 
Sec.  39.  When  an  action  is  commenced  to  recover  the  cost  and 
expenses  for  draining  a  lode  or  mine,  it  shall  be  lawful  for  the 
plaintiff  to  apply  to  the  court,  if  in  session,  or  to  the  judge 
thereof  in  vacation,  for  an  order  to  inspect  and  examine  the 
lodes  or  mines  claimed  to  have  been  drained  by  the  plaintiff; 
or  someone  for  him  shall  make  affidavit  that  such  inspection  or 
examination  is  necessary  for  a  proper  preparation  of  the  case 
for  trial.  The  court  or  judge  shall  grant  an  order  for  the  un- 
derground inspection  and  examination  of  the  lode  or  mines 
described  in  the  petition.  Such  order  shall  designate  the  num- 
ber of  persons,  not  exceeding  three,  besides  the  plaintiff  or  his 


98  MINING  LAWS  OF  COLORADO 

representative,  to  examine  and  inspect  such  lode  and  mines, 
and  take  the  measurements  thereof,  relating  the  amount  of 
water  drained  from  the  lode  or  mine,  or  the  number  of  fathoms 
of  ground  mined  and  worked  out  of  the  lode  or  mine  claimed 
to  have  been  drained,  the  cost  of  such  examination  and  inspec- 
tion to  be  borne  by  the  party  applying  therefor.  The  court  or 
judge  shall  have  power  to  cause  the  removal  of  any  rock,  debris, 
or  other  obstacles  in  any  lode  or  vein,  when  such  removal  is 
shown  to  be  necessary  to  a  just  determination  of  the  question 
involved;  provided,  that  no  such  order  for  inspection  and  ex- 
amination shall  be  made  except  in  open  court  or  at  chambers, 
upon  notice  of  application  for  such  order  of  at  least  three  days, 
and  not  then  except  by  agreement  of  parties,  nor  unless  it  ap- 
pears that  the  plaintiff  has  been  refused  the  privilege  of  mak- 
ing the  inspection  and  examination  by  the  defendant,  his  or 
their  agent. 

Sec.  4231.  Right  to  the  Use  of  Water  Hoisted.  Sec.  40.  That 
hereafter  when  any  person  or  persons,  or  corporation  shall  be 
engaged  in  mining  or  milling,  and  in  the  prosecution  of  such 
business  shall  hoist  or  raise  water  from  mines  or  natural  chan- 
nels, and  the  same  shall  flow  away  from  the  premises  of  such 
persons  or  corporations  to  any  natural  channel  or  gulch,  the 
sam.e  shall  be  considered  beyond  the  control  of  the  party  so 
hoisting  or  raising  the  same,  and  may  be  taken  and  used  by 
other  parties  the  same  as  that  of  natural  water  courses. 

4232.  Liability  for  Flow  of  Water  Hoisted.    Sec.  41.    After 
any  such  water  shall  have  been  so  raised  and  the  same  shall 
have  flown  into  any  such  natural  channel,  gulch,  or  draw,  the 
party  so  hoisting  or  raising  the  same  shall  only  be  liable  for  in- 
jury caused  thereby ;  in  the  same  manner  as  riparian  owners 
along  natural  water  courses. 

4233.  This  Act  Applies  Only  to  Opened  Mines.     Sec.  42. 
The  provisions  of  this  act  shall  not  be  considered  to  apply  to  in- 
cipient or  undeveloped  mines,  but  to  those  only  which  shall 
have  been  opened,  and  shall  clearly  derive  a  benefit  from  being 
drained. 

Sec.  4234.  Evidence  to  Be  Considered  By  Court.  Sec.  43.  In 
trial  of  cases  arising  under  this  act  the  court  shall  admit  evi- 
dence of  the  normal  stand  or  position  of  the  water  while  at  rest 
in  an  idle  mine,  also  the  observed  prevalence  of  a  common  water 
level  or  a  standing  water  line  in  the  same  or  separate  lodes; 
also  the  effect  (if  any),  the  elevating  or  depressing  the  water 
by  natural  or  mechanical  means  in  any  given  lode,  has  upon 
elevating  or  depressing  the  water  in  the  same,  contiguous  or 
separate  lodes  or  mine ;  also  the  effect  which  draining  or  ceasing 
to  drain  any  given  lode  or  mine  had  upon  the  water  in  the  same 
or  contiguous  or  separate  lodes  or  mines,  and  all  other  evi- 


MINING  LAWS  OF  COLORADO  99 

dence  which  tends  to  prove  the  common  ingress  or  subterran- 
eous communication  of  water  into  the  same  lode  or  mine,  or  con- 
tiguous or  separate  lodes  or  mines. 

MINE  DRAINAGE  DISTRICTS. 

The  act  of  1911  (page  508  Colorado  Session  Laws  of  1911) 
provides  for  the  formation  of  mine  drainage  districts  and  laws 
governing  same. 

ORE  BUYERS. 

Sections  4235  to  4258  Revised  Statutes  of  Colorado,  and  The 
Act  of  April  12,  1915  (page  350,  1915  Session  Laws)  regulates 
the  business  of  ore  buying  and  ore  buyers  in  Colorado — Too 
long  for  this  book,  and  not  connected  with  locating  and  ac- 
quiring title  to  mining  claims. 


STATE  LANDS. 
R.  S.  1908. 

Sec.  5175.  Lease  of  Lands — Disposition  of  Rentals — Mining 
Leases.  Sec.  56.  The  state  board  of  land  commissioners  may 
lease  any  portion  of  the  land  of  the  state,  at  a  rental  to  be  de- 
termined upon  after  an  examination  of  the  land  by  an  appraiser, 
except  as  hereinafter  provided.  The  lessee  shall  pay  the  an- 
nual rental  of  the  state  land  board,  who  shall  receipt  for  the 
same  in  the  lease.  Upon  receiving  such  annual  rental,  the  state 
board  shall  immediately  transmit  the  same  to  the  state  treas- 
urer and  take  his  receipt  therefor.  If  stone,  coal,  coal  oil,  gas 
or  other  mineral  not  herein  mentioned,  be  found  upon  the  state 
land,  such  land  may  be  leased  for  the  purpose  of  obtaining 
therefrom  the  stone,  coal,  coal  oil,  gas  or  other  mineral,  for 
such  length  of  time,  and  conditioned  upon  the  payment  to  the 
state  board  of  such  royalty  upon  the  product  as  the  state  board 
of  land  commissioners  may  determine.  Provided,  further,  that 
the  lessee,  within  a  reasonable  time,  as  determined  by  the  state 
board  of  land  commissioners,  shall  develop  such  land  and  en- 
gage in  actual  mining  and  operation  of  said  lease.  Failure  to 
do  so  shall  constitute  valid  cause  for  cancellation  of  said  lease. 
S.  L.  '09,  p.  504. 

Sec.  5215.  Mining  Location  on  State  Lands.  Sec.  96.  Lo- 
cations of  mineral  claims  not  exceeding  three  hundred  feet  wide 
and  fifteen  hundred  feet  long  each  way,  may  be  made  upon  un- 
leased  lands  belonging  to  the  state  of  Colorado,  as  hereinafter 
provided.  The  discoverer  of  a  body  of  mineral,  in  either  a  lead, 
lode,  ledge,  deposit,  vein  or  contact,  shall  immediately  post  con- 


100  MINING  LAWS  OF  COLORADO 

spicuously  a  notice  declaring  that  he  has  made  such  discovery 
on  the  date  attached  to  said  notice.  The  locator  shall  be  al- 
lowed ninety  days  from  such  date  in  which  to  perform  assess- 
ment work  by  shaft  or  tunnel,  which  assessment  work  shall  not 
be  at  a  less  cost  than  one  hundred  dollars  in  each  year,  and  to 
survey  and  set  the  corner  posts  of  said  claim,  and  to  file  a  cer- 
tificate of  location  with  the  register  of  the  state  board  of  land 
commissioners,  which  certificate  shall  be  recorded  in  said  office, 
and  an  entry  made  upon  the  plat  and  tract  books  of  such  loca- 
tion; such  procedure  shall  empower  the  locator  to  retain  pos- 
session of  and  operate  said  claim  for  a  period  of  one  year,  at  the 
end  of  which  time  he  shall  be  required  to  purchase  said  claim 
or  take  a  lease  upon  such  terms  as  may  be  agreed  upon  by  the 
state  board  of  land  commissioners.  Should  the  locator  elect  to 
purchase  said  claim,  it  shall  not  be  sold  at  less  than  ten  (10) 
dollars  per  acre. 

Sec.  5216.  State  Patent  to  Mining  Claims.  Sec.  97.  Before 
any  locator  will  be  allowed  to  purchase  the  claim  located  by 
him,  satisfactory  proof  must  be  submitted  to  the  state  board  of 
land  commissioners  that  said  section  is  more  valuable  for  min- 
eral purposes  than  for  any  other  purpose,  and  that  the  mining 
claim  for  which  patent  applied,  contains  a  body  of  mineral  in 
place  of  sufficient  value  to  justify  the  operation  of  same  as 
merchantable  product;  provided,  that  filing  shall  not  be  ac- 
cepted upon  coal,  oil  or  stone  lands. 
Note. 

Many  thousands  of  acres  of  mineral  land  have  been  patented 
by  the  United  States  to  Colorado.  The  State  Board  of  Land 
Commissioners  (Denver,  Colorado)  will  furnish  to  applicants, 
full  information  concerning  their  rules  and  requirements  for 
leasing  Colorado  State  Mineral  Lands. 
Public  Lands. 

Sec.  5134.  Mining  Under  Claim — Bond — Damages.  Sec.  15. 
Whenever  any  improvements  may  be  made  upon  any  claim  held 
or  used  for  arable  or  pastoral  agriculture,  or  upon  any  building 
lot,  mill  site  or  other  lot  or  p-romises,  and  any  person  or  persons 
shall  demand  of  the  claimant  thereof  to  mine  any  portion  of 
said  claim,  upon  which  some  improvements  may  have  been 
made,  it  shall  be  lawful  for  the  occupant  or  holder  of  such  claim 
to  require  a  good  and  sufficient  bond,  in  a  sum  double  the  value 
of  the  improvements  upon  the  land  sought  to  be  mined,  from 
the  party  or  parties  demanding  to  mine  upon  such  claim,  with 
two  or  more  sureties,  to  be  approved  by  any  justice  of  the  peace 
of  the  township  in  which  the  claim  is  situate,  conditioned  that 
the  said  party  or  parties  shall  pay  all  damage  which  may  be 
sustained  by  the  occupant  or  holder  of  such  claim,  to  the  im- 
provements thereon. 


MINING  LAWS  OF  COLOEADO  101 

Sec.  5135.  Assessment  of  Damage  to  Improvements.  Sec.  16. 
It  shall  be  the  duty  of  the  said  justice  of  the  peace,  by  whom 
the  bond  is  required  to  be  approved,  as  is  above  recited,  in  case 
the  value  of  the  improvements  cannot  be  agreed  upon  by  the 
claimant  and  the  party  or  parties  seeking  to  mine,  to  appoint 
a  day  and  hour  to  hear  testimony  respecting  the  value  of  the 
improvements  which  may  be  damaged  by  reason  of  such  min- 
ing. 

Sec.  5136.  Justification  of  Sureties.  Sec.  17.  It  shall  be  the 
duty  of  the  justice  to  require  the  sureties  entering  into  such 
bond  as  is  above  required,  to  justify  before  him,  each  in  the 
sum  stated  in  said  bond ;  and  if  the  claimant  shall  except  to 
said  sureties,  or  either  of  them,  it  shall  be  lawful  for  said  jus- 
tice, and  he  is  hereby  required  to  examine  said  surety  or  sure- 
ties excepted  to  on  oath,  touching  the  sufficiency  of  said  surety 
or  sureties ;  and  if  the  justice  shall  find  either  or  both  of  said 
sureties  insufficient,  it  shall  be  the  duty  of  the  justice  to  require 
further  sufficient  surety  or  sureties,  which  shall  be  likewise  ap- 
proved, and  shall  justify  as  is  above  required. 

Sec.  5137.  Weekly  Demand  of  Damages.  Sec.  18.  It  shall 
be  competent  for  said  claimant  to  demand  from  the  obligees  in 
said  bond,  at  any  time  after  one  week  after  mining  shall  be  com- 
menced on  said  claim,  such  sum  as  may  be  equal  to  the  damage 
done  the  improvements  thereon,  and  after  every  week  it  shall  be 
competent  for  said  claimant  to  make  the  like  demand,  unless 
the  payment  of  the  damage  done  or  to  be  done  said  improve- 
ments, shall  by  the  claimant  be  postponed  for  a  longer  time. 

EMINENT  DOMAIN. 

For  what  purposes  Mining  Companies  and  others  have  the 
right  of  Eminent  Domain  see  Sections  2435  to  2450  and  Section 
2464,  Statutes  of  Colorado  of  1908. 

MINING  CORPORATIONS. 

The  laws  of  Colorado  governing  the  formation  of  corpora- 
tions for  mining  and  other  purposes  can  be  found  in  Sections 
975  to  983,  Act  of  April  12,  1915  (page  173,  1915  Session  Laws). 
Act  of  1911  (page  254,  1911  Session  Laws).  Act  of  April  5, 
1913  (page  222,  1913  Session  Laws),  and  as  to  annual  License 
Taxes  required  of  corporations,  Sections  5595  to  5601,  Revised 
Statutes.  These  laws  are  too  long  for  this  book  and  do  not 
strictly  affect  locating  and  operating  mining  claims,  but  per- 
tain to  incorporating  of  companies. 

PAY  DAYS. 

Sections  6981,  6982,  and  6983,  Revised  Statutes  of  Colorado, 
provide  that  corporations  must  pay  their  employees  every  fif- 


102  MINING  LAWS  OF  COLORADO 

teen  days  in  money  or  checks  payable  on  presentation  and  must 
pay  employees  in  full  at  time  of  discharge. 

TAXATION. 

Sections  5575,  5576,  5618  to  5627,  5778,  Revised  Statutes  and 
Act  of  April  7th,  1915  (page  399  of  1915  Session  Laws)  provide 
for  assessment  and  taxation  of  mining  claims  and  ores  there- 
from. 


ORE  THIEVES. 

S.  L.  1909,  P.  451. 

Section  1.  If  any  person  shall  take,  remove  or  conceal  any 
ore,  or  mineral,  or  precipitates,  or  concentrates,  or  other  min- 
eral bearing  substance,  from  any  sampler,  smelter,  concentrat- 
ing mill,  chlorination  mill,  cyanide  mill,  or  other  reduction 
works,  with  the  intent  to  steal  the  same  or  to  defraud  the  owner 
thereof,  such  person  shall  be  deemed  guilty  of  grand  larceny, 
and  upon  conviction  shall  be  punished  as  for  grand  larceny. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Approved  May  5,  1909. 


ORE  STEALING. 

S.  L.  1911,  P.  534. 

Section  1.  If  any  person  shall  break,  sever  or  separate  with 
intent  to  steal,  ore  or  mineral  from  any  mine,  lode,  ledge  or  de- 
posit in  this  state,  or  shall  take,  remove  or  conceal  ore  or  min- 
eral from  any  mine,  lode,  ledge,  deposit  or  dump,  with  intent  to 
defraud  the  owner  or  owners,  lessee  or  licensee,  or  any  tenant 
in  possession  of  any  mine,  lode,  ledge,  deposit  or  dump,  or  any 
person  in  possession  and  claiming  under  color  of  title  any  mine, 
lode,  ledge,  deposit  or  dump,  and  such  ore  or  mineral  shall  be  of 
the  value  of  twenty  dollars  ($20.00)  or  more,  such  person  shall 
be  deemed  guilty  of  grand  larceny  and  upon  conviction  shall  be 
punished  for  grand  larceny. 

Sec.  2.  And  if  such  ore  or  mineral  shall  be  of  the  value  of 
less  than  twenty  dollars  ($20.00)  such  person  shall  be  deemed 
guilty  of  petit  larceny  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  more  than  three  hundred  dollars  ($300.00)  or 
imprisonment  in  the  county  jail  for  a  term  not  to  exceed  six 
months,  or  by  both  such  fine  and  imprisonment. 

Sec.  3.  Section  1680  of  the  Eevised  Statutes  of  Colorado  of 
1908  and  all  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Approved  May  29th,  1911. 


MINING  LAWS  OF  COLORADO  103 

CHANGING  ORE  VALUES. 

Sec.  1863.  Mingling  Base  Matter  With  Ore— Penalty.  Sec. 
256.  That  every  person  who  shall  mingle  or  cause  to  be  mingled 
with  any  sample  of  gold  or  silver-bearing  ore,  any  valuable 
metal  or  substance  whatever  that  will  increase  or  in  any  way 
change  the  value  of  said  ore,  with  the  intent  to  deceive,  cheat 
or  defraud  any  person  or  persons,  shall,  on  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  five  hundred  nor  more 
than  one  thousand  dollars,  or  by  confinement  in  the  peniten- 
tiary for  a  term  of  not  less  than  one  nor  more  than  fourteen 
years,  or  by  both  such  fine  and  imprisonment. 


MECHANICS  LIENS. 

S.  L.  1915,  P.  332. 

Sec.  4028.  The  provisions  of  this  Act  shall  apply  to  all  per- 
sons who  shall  do  work  or  shall  furnish  materials  or  mining, 
milling  or  other  machinery  or  other  fixtures,  as  provided  in 
Section  1  of  this  Act,  for  the  working,  preservation,  prospect- 
ing or  development  of  any  mine,  lode  or  mining  claim  or  deposit 
yielding  metals  or  minerals  of  any  kind  or  for  the  working, 
preservation  or  development  of  any  such  mine,  lode  or  deposit, 
in  search  of  any  such  metals  or  minerals;  and  to  all  persons 
who  shall  do  work  upon  pr  furnish  materials,  mining,  milling 
and  other  machinery  or  other  fixtures,  as  provided  in  Section 
1  of  this  Act,  upon,  in  or  for  any  shaft,  tunnel,  mill  or  tunnel 
site,  incline,  adit,  drift  or  any  draining  or  other  improvement 
of  or  upon  any  such  mine,  lode,  deposit  or  tunnel  site ;  and  to 
every  miner  or  other  person,  who  shall  do  work  upon  or  fur- 
nish any  coal,  power,  provisions,  timber,  powder,  rope,  nails, 
candles,  fuse,  caps,  rails,  spikes,  or  iron,  or  other  materials 
whatever,  as  provided  in  Section  1  of  this  Act,  upon  any  mine, 
lode,  deposit,  mill  or  tunnel  site;  Provided,  that  when  two  or 
more  lodes,  mines  or  deposits  owned  or  claimed  by  the  same 
person  or  persons  shall  be  worked  through  a  common  shaft, 
tunnel,  incline,  adit,  drift  or  other  excavation,  then  all  the 
mines,  mining  claims,  lodes,  deposits  and  tunnel  and  mill  sites 
so  owned  and  worked  or  developed  shall,  for  the  purpose  of  this 
Act,  be  deemed  one  mine ;  and  Provided  further,  that  this  sec- 
tion shall  not  be  deemed  to  apply  to  the  owner  or  owners  of 
any  mine,  lode,  mining  claim,  deposit,  mill  or  tunnel,  where  the 
work  or  labor  shall  have  been  performed  for,  or  the  materials 
furnished  to,  a  lessee,  or  lessees.  Section  1  as  herein  referred 
to  is  Section  4025  of  the  Revised  Statutes  of  Colorado,  1908. 

Sec.  4034.  No  lien  claimed  by  virtue  of  this  Act  shall  hold 
the  property  longer  than  six  months  after  the  last  work  or  labor 
is  performed,  or  materials  furnished,  or  after  the  completion  of 


104  MINING  LAWS  OP  COLORADO 

the  building,  structure  or  other  improvement,  or  the  completion 
of  the  alteration,  addition  to,  or  repair  thereof,  as  prescribed  in 
Section  4033  of  the  Revised  Statutes  of  Colorado,  1908,  unless 
an  action  shall  be  commenced  within  that  time  to  enforce  the 
same  and  a  notice  of  lis  pendens  shall  be  filed  for  record  within 
that  time  in  the  office  of  the  Clerk  and  Recorder  of  the  County 
in  which  said  land  is  situate ;  Provided,  that  where  two  or  more 
liens  are  claimed  of  record  against  the  same  premises  or  prop- 
erty, the  commencement  of  any  action  and  the  filing  of  the  lis 
pendens-notice  aforesaid,  within  that  time  by  any  one  or  more 
of  such  lien  claimants  in  which  action  or  actions  all  the  lien 
claimants,  as  appear  of  record,  are  made  parties,  either  plain- 
tiff or  defendant,  shall  be  sufficient. 
Approved  April  3,  1915. 


HOURS  OF  LABOR  FOR  MINERS. 

Session  Laws  1913,  P.  305. 

Section  1.  Employment  in  all  underground  mines,  under- 
ground workings,  open  cut  workings,  open  pit  workings,  smel- 
ters, reduction  works,  stamp  mills,  concentrating  mills,  chlori- 
nation  processes,  cyanide  processes  and  coke  ovens,  is  hereby 
declared  to  be  injurious  to  health  and  dangerous  to  life  and 
limb. 

Sec.  2.  That  the  period  of  employment  of  men  working  in 
all  underground  mines,  underground  workings,  open  cut  work- 
ings, open  pit  workings,  smelters,  reduction  works,  stamp  mills, 
concentrating  mills,  chlorination  processes,  cyanide  processes 
and  coke  ovens  shall  not  exceed  eight  (8)  hours  within  any 
twenty-four  (24)  hours  except  in  cases  of  emergency  where  life 
or  property  is  in  imminent  danger. 

Sec.  3.  Any  person,  persons,  body  corporate,  general  man- 
ager or  employer  who  shall  violate  or  cause  to  be  violated 
any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  two  hundred  and  fifty  ($250),  or  more 
than  five  hundred  dollars  ($500),  or  by  imprisonment  in  the 
county  jail  not  less  than  ninety  (90)  days  nor  more  than  six  (6) 
months  or  by  both  such  fine  and  imprisonment.  Every  day's 
violation  of  the  provisions  of  this  act  shall  constitute  a  separate 
offense. 


MISCELLANEOUS. 

Sec.  3.  Employment  of  Children  in  Mines.  It  shall  be  un- 
lawful for  any  person,  firm  or  corporation  to  take,  receive,  hire 
or  employ  any  child  or  children  under  sixteen  years  of  age  iu 


MINING  LAWS  OF  COLORADO  105 

any  underground  works  or  mine,  in  or  about  the  surface  work- 
ings thereof,  or  in  any  smelter.     (Chap.  95,  S.  L.,  1911,  p.  234.) 

Sec.  1899.  Destroying  Land  Marks — Penalty — Abandoned 
Property.  Sec.  292.  That  if  any  person  or  persons  shall  will- 
fully and  maliciously  deface,  remove,  pull  down,  injure  or  des- 
troy any  location  stake,  side-post,  corner-post,  landmark  or 
monument,  or  any  other  legal  land  boundary  monument  in  this 
state  designating  or  intending  to  designate,  the  location,  boun- 
dary or  name  of  any  mining  claim,  lode  or  vein  of  mineral  or 
the  name  of  the  discoverer,  or  date  of  discovery  thereof,  the 
person  or  persons  so  offending  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  not  more  than  one  thou- 
sand dollars,  or  imprisoned  not  more  than  one  year,  at  the  dis- 
cretion of  the  court;  Provided,  that  this  act  shall  not  apply  to 
abandoned  property. 

Sec.  1900.  Penalty  for  Removing  Guard  Around  Shaft.  Sec. 
293.  That  if  any  person,  or  persons,  shall  unlawfully  cut  down, 
break  down,  level,  demolish,  destroy,  remove  or  carry  away, 
any  fence  erected  around,  or  covering,  erected  or  placed  over 
any  shaft,  pit,  or  hole,  upon  any  mining  claim,  ground,  prem- 
ises, or  upon  the  public  lands  in  the  State  of  Colorado,  or  re- 
move the  timber  from  any  mining  shaft,  incline  or  tunnel,  the 
person  or  persons  so  effending  shall  be  guilty  of  a  misdemeanor, 
and  on  convection  thereof,  shall  be  fined  in  a  sum  not  less  than 
fifty  dollars,  nor  more  than  one  thousand  dollars,  or  imprisoned 
for  not  less  than  thirty  days,  nor  more  than  one  year,  or  by 
both  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Sec.  2820.  Pollution  of  Waters  Containing  Pish.  Sec.  96. 
No  sawdust,  tailings  or  other  deleterious  or  poisonous  substance 
shall  be  allowed  to  run  or  pass  into  or  pollute  any  public  waters 
containing  fish,  or  deposited  or  left  where  it  may  be  carried  by 
natural  causes  into  such  waters,  in  such  quantities  as  to  destroy 
or  be  detrimental  to  the  fish  or  spawn  therein,  except  as  herein- 
after provided. 

Sec.  2821.  Dam,  etc.,  Operating  in  Violation  of  Act  a  Public 
Nuisance.  Sec.  97.  Every  dam  or  other  artificial  obstruction, 
every  placer  mine,  mill,  reduction  plant  or  other  industrial  en- 
terprise, constructed,  maintained  or  operated  in  violation  of 
this  act,  is  hereby  declared  unlawful  and  a  continuing  public 
nuisance  and  the  same  may  be  enjoined  or  abated  or  its  ob- 
jectionable features  modified  as  hereinafter  provided,  and  the 
person  constructing,  maintaining  or  operating  the  same  pun- 
ished as  for  violation  of  this  act,  and  every  day  the  same  is  so 
maintained  or  operated  shall  be  deemed  a  separate  offense. 

BUREAU  OF  MINES. 

Sections  4259  to  4306  Provide  for  the  establishment  of  "The 


106  MINING  LAWS  OF  COLORADO 

Bureau  of  Mines  of  the  State  of  Colorado,"  for  a  "Commis- 
sioner of  Mines,"  prescribes  the  purposes  of  the  Bureau,  the 
appointment,  qualification  and  duties  of  the  Commissioner  and 
his  deputies,  divides  the  state  into  four  metalliferous  mining 
districts.  These  sections  also  provide  for  collection  of  speci- 
mens and  data,  inspection  of  mines,  safety  of  machinery  and 
workings,  storing  of  explosives,  code  of  signals,  fire  protection, 
and  safeguards  and  penalties  for  failure  to  observe  these  laws. 

MINE  REGULATIONS. 

As  these  change  so  often,  write  Bureau  of  Mines,  Denver, 
Colorado,  for  the  same. 

WORKMAN'S  COMPENSATION. 

As  these  regulations  change  so  often,  write  to  State  Compen- 
sation Insurance  Fund,  Denver,  Colorado,  for  latest  regula- 
tions. 

LOCATION  NOTICE  LODE  CLAIM. 

For  this  form  use  the  same  as  given  for  Arizona. 

LOCATION  NOTICE  PLACER  CLAIM. 

For  this  form  use  the  same  as  given  for  Arizona. 

DIAGRAM  OF  LODE  CLAIM. 

See  end  of  Arizona  Laws. 


LEAHY 

OIL  BURNERS 

EFFICIENCY 


USED  BY  SEVERAL  NOTED  MINES 


OIL  BURNERS 
FOR  ALL  PURPOSES 


Write  for  Literature,  stating  your  conditions. 

LEAHY  MANUFACTURING 
COMPANY 

1804-1810  E.  EIGHTH  ST.  LOS  ANGELES,  CAL. 


IDAHO  MINING  LAWS 

(See  also  U.  S.  Mining  Laws.) 
LOCATION  OF  LODE  MINING  CLAIMS. 

Dimensions  of  Lode  Claims. 

Sec.  3206.  Mining  claims  hereafter  located  upon  veins  or 
lodes  of  quartz,  or  other  rock  in  place  bearing  any  of  the  met- 
als or  valuable  deposits  mentioned  in  Section  2320  of  the  Re- 
vised Statutes  of  the  United  States,  may  extend  to  three  hun- 
dred feet  on  each  side  of  the  middle  of  the  vein  or  lode :  Pro- 
vided, That  when  the  locators  have  set  stakes,  posts  or  monu- 
ments described  in  the  following  section,  to  indicate  the  line  of 
the  vein,  ledge  or  lode,  such  stakes,  posts  or  monuments  must 
be  taken,  for  the  purpose  of  such  location,  to  mark  correctly 
the  line  thereof,  and  such  line  must  not  afterwards  be  changed 
so  as  to  affect  rights  acquired,  or  interfere  with  any  locations 
made,  subsequent  thereto. 

Location  Monument  and  Notice. 

Sec.  3207.  The  locator,  at  the  time  of  making  the  discovery 
of  such  vein  or  lode,  must  erect  a  monument  at  such  place  of 
discovery,  upon  which  he  must  place  his  name,  the  name  of  the 
claim,  the  date  of  discovery  and  distance  claimed  along  the 
vein  each  way  from  such  monument.  Within  ten  days  from  the 
date  of  discovery,  he  must  mark  the  boundaries  of  his  claim 
by  establishing  at  each  corner  thereof  and  at  any  angle  in  the 
side  lines,  a  monument,  marked  with  the  name  of  the  claim 
and  the  corner  or  angle  it  represents ;  also  at  the  time  of  so 
marking  his  boundaries,  he  must  post  at  his  discovery  monu- 
ment his  notice  of  location  in  which  must  be  stated :  First,  the 
name  of  the  locator ;  second,  the  name  of  the  claim ;  third,  the 
date  of  discovery;  fourth,  the  direction  and  distance  claimed 
along  the  ledge  from  the  discovery;  fifth,  the  distance  claimed 
on  each  side  of  the  middle  of  the  ledge ;  sixth,  the  distance  and 
direction  from  the  discovery  monument  to  such  natural  object 
or  permanent  monument,  if  any  such  there  be,  as  will  fix  and 
describe  in  the  notice  itself  the  location  of  the  claim,  and  sev- 
enth, the  name  of  the  mining  district,  county  and  State.  When 
from  any  cause,  a  monument  can  not  be  safely  planted  at  the 
true  corner  or  angle,  it  may  be  placed  as  near  thereto  as  prac- 
ticable, and  so  marked  as  to  indicate  the  place  of  such  corner 
or  angle.  Monuments  may  be  made  of  any  such  material  or 
form  as  will  readily  give  notice,  and  when  of  posts  or  trees, 
they  must  be  hewn  and  marked  upon  the  side  facing  towards 
the  discovery,  and  must  be  at  least  four  inches  square  or  in 


MINING  LAWS  OF  IDAHO  109 

diameter.  Monuments  must  be  at  least  four  feet  high  above 
the  ground,  and  trees  must  be  so  hewn  as  to  readily  attract 
attention.  At  the  time  the  locator  so  marks  the  boundaries  of 
his  claim,  he  may  do  so  in  any  direction  that  will  not  interfere 
with  rights  or  claims  which  existed  prior  to  his  discovery. 

Shaft  Must  Be  Sunk. 

Sec.  3208.  Within  sixty  days  after  such  location,  the  locator 
or  his  assigns  must  sink  a  shaft  upon  the  lode  to  the  depth  of 
at  least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft 
to  the  surface,  and  of  not  less  than  sixteen  square  feet  area. 
Any  excavation  which  shall  cut  such  vein  ten  feet  from  the 
lowest  part  of  the  rim  of  such  shaft  and  which  shall  measure 
one  hundred  and  sixty  cubic  feet  in  extent  shall  be  considered 
a  compliance  with  this  provision.  Any  located  claim  upon 
which  work  has  been  done  in  compliance  with  the  above  re- 
quirements is  not,  unless  abandoned,  subject  to  relocation  for 
a  period  of  ninety  days  from  and  after  the  date  of  location. 

Notice  Must  Be  Recorded. 

Sec.  3209.  Within  ninety  days  after  the  location  of  the  claim 
the  locator  or  his  assigns  must  file  for  record  in  the  office  of 
the  county  recorder  of  the  county,  or  of  the  deputy  recorder 
of  the  mining  district  in  which  the  claim  is  situated,  a  sub- 
stantial copy  of  his  notice  of  location. 

Record  of  Additional  Certificate. 

Sec.  3210.  If  at  any  time  the  locator  of  any  mining  claim 
heretofore  or  hereafter  located,  or  his  assigns,  shall  apprehend 
that  his  original  certificate  was  defective,  erroneous,  or  that 
the  requirements  of  the  law  had  not  been  complied  with  before 
filing,  or  shall  be  desirous  of  changing  the  surface  boundaries, 
or  of  taking  any  part  of  an  overlapping  claim  which  has  been 
abandoned,  or  in  case  the  original  certificate  was  made  prior 
to  the  passage  of  this  law,  and  he  shall  be  desirous  of  securing 
the  benefits  of  this  chapter,  such  locator  or  his  assigns  may  file 
an  additional  certificate  subject  to  the  conditions  of  this  chap- 
ter, and  to  contain  all  that  this  chapter  requires  an  original 
certificate  to  contain:  Provided,  That  such  amended  location 
does  not  interfere  with  the  existing  rights  of  others  at  the  time 
when  such  amendment  is  made. 

Affidavit  of  Performance  of  Labor. 

Session  Laws  1913,  page  308,  (H.  B.  225.) 

Sec.  3211.  Within  sixty  days  after  any  time  set  or  period 
allowed  for  the  performance  of  labor,  or  making  improvements 
upon  any  lode  or  placer  claim,  the  person  in  whose  behalf  such 
work  or  improvement  is  performed,  or  some  person  for  him, 
must  make  and  record  an  affidavit  in  substance  as  follows: 


110  MINING  LAWS  OF  IDAHO 

State  of  Idaho,  County ,  ss. 

Before  me  the  subscribed,  personally  appeared 

who  being  first  duly  sworn  says  that  at  least 

dollars  worth  of  work  or  improvements  were  performed  or 

made  upon claim,  situate  in mining 

district,  county  of ,  State  of  Idaho  :    That  such 

expenditure  was  made  by,  for,  or  at  the  expense  of 

owner  of  said  claim,  for  the  purpose  of  holding  said  claim;  all 
stakes,  monuments  or  trees  marking  boundaries  of  said  claim 
are  in  proper  place  and  positions. 

Subscribed  and  sworn  to  before  me  this. . .  .day  of  ...  .19.  ... 

The  fee  for  administering  the  oath  and  recording  the  fore- 
going affidavit,  when  taken  before  any  county  recorder  or  dep- 
uty mineral  recorder,  shall  be  fifty  cents;  Provided,  however, 
That  any  number  of  claims  in  the  same  mining  district  belong 
ing  to  the  same  person  or  persons,  association  or  corporation 
may  be  included  in  one  affidavit  without  the  additional  charge ; 
the  fee  for  recording  the  same  when  the  oath  is  taken  before 
any  other  officer  authorized  to  administer  oaths  shall  be  fifty 
cents. 

Such  affidavit,  or  a  certified  copy  thereof  in  case  the  origi- 
nal is  lost,  shall  be  prima  facie  evidence  of  the  performance  of 
such  labor.  The  failure  to  file  such  affidavit  shall  be  consid- 
ered prima  facie  evidence  that  such  labor  has  not  been  done. 

Location  of  Abandoned  Claims. 

Sec.  3212.  The  location  of  abandoned  claims  shall  be  done 
in  the  same  manner  as  if  the  location  were  of  a  new  claim; 
but  the  locator  may,  instead  of  sinking  a  new  discovery  shaft, 
sink  the  original  discovery  shaft  ten  feet  deeper  than  it  was 
at  the  time  of  his  location,  or  he  may  drive  the  open  cut,  or 
tunnel  ten  feet  further  along  the  course  of  the  lead,  lode  or 
vein,  and  must  erect  new  posts  or  monuments. 

Notice  Must  Claim  Only  One  Location. 

Sec.  3213.  No  location  notice  shall  claim  more  than  one  lo- 
cation, whether  the  location  is  made  by  one  or  several  locat- 
ors, and  if  it  purport  to  claim  more  than  one  location  it  is  abso- 
lutely void. 

Security  to  Surface  Owners:   Injunction. 

Sec*  3214.  When  the  right  to  mine  is  in  any  case  separate 
from  the  ownership  or  right  of  occupancy  of  the  surface 
ground,  the  owners  or  rightful  occupants  of  the  surface  ground 
may  demand  satisfactory  security  from  the  miners,  and  if  it 
be  refused  or  not  given,  may  enjoin  such  miners  from  working 
such  ground  until  such  security  is  given.  The  court  granting 
the  writ  of  injunction  shall  fix  the  amount  and  nature  of  the 
security. 


MINING  LAWS  OF  IDAHO  111 

Appointment  of  Deputy  Recorders. 

Sec.  3215.  For  the  convenience  of  prospectors  and  locators, 
the  county  recorders  of  the  several  counties  must  appoint  a 
deputy  at  any  place  where  they  may  deem  it  necessary,  and  at 
all  places  more  than  twenty  miles  distant  from  an  existing 
office,  whenever  ten  or  more  mining  locators  interested  petition 
for  the  appointment  of  a  deputy.  Upon  failure  of  any  recorder 
to  appoint  a  deputy  for  ten  days  after  the  petition  in  writing 
has  been  presented  to  him,  the  resident  miners  in  such  district 
may  appoint,  temporarily,  one  of  their  number  to  act  as  re- 
corder for  the  district,  whose  record  shall  be  as  valid  as  if 
made  by  the  deputy,  and  must  be  entered  by  the  recorder  as 
hereinafter  required :  Provided,  That  whenever  at  any  time 
afterwards,  the  recorder  has  appointed  a  deputy  for  such  dis- 
trict or  place,  the  authority  of  the  person  elected  by  the  resi- 
dent miners  ceases. 

Affidavit  of  Locators. 

Sec.  3216.  At  or  before  the  time  of  presenting  a  location 
notice  for  record,  whether  it  be  for  a  quartz  or  placer  claim, 
one  of  the  locators  named  in  the  same  must  make  and  sub- 
scribe an  affidavit,  in  writing  on  or  attached  to  the  notice,  sub- 
stantially in  the  following  form,  to-wit : 

State  of  Idaho,  County  of ,  ss. 

I, do  solemnly  swear  that  I  am  a  citizen 

of  the  United  States  of  America  (or  have  declared  my  inten- 
tions to  become  such),  and  that  I  am  acquainted  with  the  min- 
ing ground  described  in  this  notice  of  location,  and  herewith 

called  the ledge,  lode  or  claim ;  that  the  ground  and 

claim  therein  described  or  any  part  thereof  has  not,  to  the  best 
of  my  knowledge  and  belief,  been  located  according  to  the  laws 
of  the  United  States  and  of  this  State,  or  if  so  located,  that  the 
same  has  been  abandoned  or  forfeited  by  reason  of  the  failure 
of  such  former  locators  to  comply  in  respect  thereto  with  the 
requirements  of  said  laws,  and  (in  the  case  of  quartz  claims) 
that  I  have  opened  new  ground  to  the  extent  or  depth  of  ten 
feet  as  required  by  the  laws  of  Idaho. 

Signature 

Subscribed  and  sworn  to  before  me  this day  of , 

A.  D.  19 

Signature. 

Manner  of  Recording  Notices :   Fees. 

Sec.  3217.  The  location  notice  herein  required  to  be  recorded 
must  be  recorded  by  the  deputy  appointed  for  the  district'  or 
the  person  appointed  for  that  purpose  as  above  provided  (when 
the  legal  fee  therefor  is  tendered)  in  a  book  kept  for  that  pur- 
pose. Said  book  must  be  indexed,  with  the  names  of  all  the 


112  MINING  LAWS  OF  IDAHO 

locators  arranged  in  alphabetical  order,  according  to  the  fam- 
ily or  surname  of  each.  The  fee  to  be  tendered  for  making 
such  record,  administering  the  oath  to  the  locator  and  certi- 
fying the  same,  for  indexing  the  names  appearing  on  the  notice, 
and  to  include  recording  the  notice  by  the  recorder  as  herein- 
after required,  and  the  indexing  by  said  recorder,  is  two  dol- 
lars, which  fee  must  be  equally  divided  between  the  recorder 
and  the  deputy  or  the  person  acting  under  an  election  as  here- 
inbefore provided,  and  no  other  additional  sum  of  money  must 
be  demanded  or  received  by  either  of  them,  for  any  services 
connected  with  the  recording  of  any  location  notice  made  pur- 
suant to  the  requirements  of  this  chapter. 

Transmission  of  Notices  to  County  Recorder. 

Sec.  3218.  The  deputy  recorder  of  mining  claims  of  each 
district,  or  the  person  elected  as  hereinbefore  provided  to  make 
the  record  in  case  of  the  failure  of  the  recorder  to  appoint  a 
deputy,  must,  at  least  once  in  each  month,  transmit  to  the  re- 
corder at  the  county  seat,  all  the  notices  of  location  filed  with 
him  for  record  and  not  previously  transmitted,  which  must  at 
once  be  recorded  by  said  recorder  in  a  book  to  be  kept  in  his 
office,  to  be  known  as  the  "Book  of  Mining  Claims."  The 
names  of  all  persons  appearing  in  every  notice  of  location  must 
be  indexed  by  the  recorder,  said  names  being  arranged  in  said 
index  in  alphabetical  order,  according  to  the  first  letter  of  the 
surname  of  said  locators. 

Same:    Transmission  to  Deputies. 

Sec.  3219.  It  shall  be  the  duty  of  the  county  recorder  of  the 
several  counties  of  this  State,  within  fourteen  days  after  re- 
ceiving them,  to  transmit  to  the  deputy  mining  recorder  of  the 
district  wherein  the  claims  located  are  situated,  all  location 
notices,  both  quartz  and  placer,  which  shall  not  have  been  al- 
ready recorded  in  the  office  of  the  deputy  mining  recorder.  It 
shall  be  the  duty  of  such  deputy  mining  recorder  to  record  in 
his  records  all  such  notices  received  by  him,  and  he  shall  re- 
ceive as  his  compensation  therefor  from  the  recorder  sending 
them,  one-half  the  fee  authorized  by  law  to  be  charged  for  the 
recording  of  mining  claims.  After  recording  such  notices  the 
deputy  mining  recorder  shall  return  the  same  to  the  county 
recorder. 

Seal  of  Deputies:    Limitation  on  Powers. 

Sec.  3220.  The  deputy  recorders  provided  for  in  this  chap- 
ter, are  not,  by  virtue  of  the  provisions  hereof,  authorized  to 
perform  any  other  than  the  special  duties  herein  specified. 
They  must  keep  an  official  seal,  and  the  records  in  their  cus- 
tody are  public  records,  but  the  seal  of  a  deputy  recorder  must 
not  be  attached  to  any  paper  except  for  the  purpose  of  authen- 


MINING  LAWS  OF  IDAHO  113 

ticating  certificates  attached  to  transcripts  of  the  records  in 
his  custody  as  deputy  recorder. 

PLACER  CLAIMS. 

Location  of  Placer  Claims. 

Sec.  3221.  Placer  claims,  as  mentioned  in  Section  2329  of 
the  Revised  Statutes  of  the  United  States,  may  be  located  for 
the  purpose  of  mining  deposits  and  precious  stones  after  the 
discovery  of  such  deposits. 

Monuments :  Notice :  Excavation :  Record  of  Notice. 

Sec.  3222.  The  locator  of  any  placer  mining  claim  located  for 
the  purpose  of  mining  placer  deposits  or  precious  stones,  must, 
at  the  time  of  making  the  location,  place  a  substantial  post  or 
monument,  as  is  required  in  the  location  of  quartz  claims,  at 
each  corner  of  the  location,  and  must  also  post  on  one  of  the 
same  a  notice  of  location  containing  the  date  of  the  location, 
the  name  of  the  locator,  the  name  and  dimensions  of  the  claim, 
the  mining  district  (if  any)  and  county  in  which  the  same  is 
situated;  and  must  also  give  the  distance  and  direction  from 
said  post  or  monument  to  such  natural  object  or  permanent 
monument,  if  any  such  there  be,  as  will  fix  and  describe  in  the 
notice  itself  the  location  of  the  claim.  Within  fifteen  days 
after  making  the  location,  the  locator  must  make  an  excava- 
tion upon  the  claim  of  not  less  than  one  hundred  cubic  feet,  for 
the  purpose  of  prospecting  the  same.  Within  thirty  days  after 
the  location,  the  locator  must  file  for  record  in  the  office  of  the 
recorder  of  the  county,  or  the  deputy  recorder  of  the  mining 
district  in  which  the  claim  is  situated,  a  substantial  copy  of 
his  copy  of  notice  of  location,  to  which  must  be  attached  an 
affidavit  such  as  is  required  in  case  of  quartz  claims. 

RIGHTS  OF  WAY  AND  EASEMENTS  FOR  THE 
DEVELOPMENT  OF  MINES. 

Rights  of  Way  for  Mining  Purposes. 

Sec.  3223.  The  owner,  locator,  or  occupant  of  a  mining 
claim,  whether  patented  under  the  laws  of  the  United  States 
or  held  by  location  or  possession,  may  have  and  acquire  a  right 
of  way  for  ingress  and  egress,  when  necessary  in  working  such 
mining  claim,  over  and  across  the  lands  or  mining  claims  of 
others,  whether  patented  or  otherwise. 

Same :  For  Railroads,  Ditches  and  Tunnels. 

Sec.  3224.     When  any  mine  or  mining  claim  is  so  situated, 


114  MINING  LAWS  OF  IDAHO 

that  for  the  more  convenient  enjoyment  of  the  same  a  road, 
railroad  or  tramway  therefrom,  or  a  ditch  or  canal  to  convey 
water  thereto,  or  a  ditch,  flume,  cut  or  tunnel  to  drain  or  con- 
vey the  waters  or  tailings  therefrom,  or  a  tunnel  or  shaft,  may 
be  necessary  for  the  better  working  thereof  which  road,  rail- 
road, tramway,  ditch,  canal,  flume,  cut,  shaft  or  tunnel,  may 
require  the  use  or  occupancy  of  lands  or  mining  grounds, 
owned,  occupied  or  possessed  by  others  than  the  person  or  per- 
sons or  body  corporate  requiring  an  easement  for  any  of  the 
purposes  described,  the  owner,  claimant  or  occupant  of  the 
mine  or  mining  claim  first  above  mentioned,  is  entitled  to  a 
right  of  way,  entry  and  possession  for  all  the  uses  and  privi- 
leges for  such  road,  railroad,  tramway,  ditch,  canal,  flume,  cut, 
shaft  or  tunnel,  in,  upon,  through  and  across  such  other  lands 
or  mining  claims,  upon  compliance  with  the  provisions  of  this 
chapter. 

Action  to  Condemn  Right  of  Way. 

Sec.  3225.  When  the  owner,  claimant  or  occupant  of  any 
mine  or  mining  claim  desires  to  work  the  same,  and  it  is  neces- 
sary, to  enable  him  to  do  so  successfully  and  conveniently,  that 
he  have  a  right  of  way  for  any  of  the  purposes  mentioned  in 
the  foregoing  sections,  if  such  right  of  way  can  not  be  acquired 
by  agreement  with  the  claimant  or  owner  of  the  lands  or  claims 
over,  under,  through,  across  or  upon  which  he  seeks  to  acquire 
such  right  of  way,  he  may  commence  an  action  in  the  District 
Court  in  and  for  the  county  in  which  such  right  of  way,  or  some 
part  thereof,  is  situated,  by  filing  a  verified  complaint  contain- 
ing a  particular  description  of  the  character  and  extent  of  the 
right  sought,  a  description  of  the  mine  or  claim  of  the  plaintiff, 
and  the  mine  or  claim  and  lands  to  be  affected  by  such  right  of 
way  or  privilege,  with  the  name  of  the  occupant  or  owner 
thereof.  He  may  also  set  forth  any  tender  of  compensation  that 
he  may  have  made,  and  demand  the  relief  sought. 


MINING  TUNNELS. 
Right  to  Cross  Located  Claim. 

Sec.  3236.  Any  person  or  company  who  has  or  who  may 
hereafter  have  a  tunnel  or  cross-cut,  the  mouth  of  which  is  lo- 
cated upon  his  own  ground  or  upon  ground  in  his  lawful  occu- 
pation, shall  have  the  right  to  drive  and  continue  the  same 
through  and  across  any  located  or  patented  claim  in  front  of 
the  mouth  of  the  tunnel,  but  not  to  follow  or  drive  upon  any 
vein  belonging  to  the  owner  of  such  claim. 

Owner  of  Intersected  Claim  May  Inspect  Tunnel. 
Sec.  3237.    Each  tunnel  or  cross-cut   may   be   driven    and 

\ 


MINING  LAWS  OF  IDAHO  115 

worked  for  the  purpose  of  drainage  and  for  the  purpose  of 
reaching  and  working  mining  ground  of  the  tunnel  owner 
beyond  the  intersected  claim.  The  owner  or  owners  of  any 
vein  or  any  claim  or  claims  so  intersected,  or  his  duly  author- 
ized agent,  shall  have  the  right  to  enter  such  tunnel  upon  ap- 
plication to  the  owner  or  owners  or  person  in  charge  of  said 
tunnel  without  resorting  to  any  process  of  law  for  the  pur- 
pose of  making  a  survey  and  inspecting  such  vein  or  veins  as 
may  be  crossed  within  the  boundary  lines  of  such  intersected 
claim,  and  if  the  owner  or  owners  of  such  tunnel  shall,  by 
bulk-heading,  damming  back,  or  in  any  manner,  prevent  the 
inspection  or  survey  herein  provided  for,  or  if  such  owner  or 
owners  shall  in  any  manner  prevent  the  natural  drainage  of 
water  from  such  intersected  claim  or  claims  without  the  con- 
sent of  the  owner  or  owners  thereof,  it  shall  work  a  forfeiture 
of  all  rights  granted  under  the  preceding  section. 

Title  to  Ore  Taken  From  Intersected  Claim. 

Sec.  3238.  If  any  ore,  the  property  of  the  owner  of  the  claim 
intersected  or  crossed,  be  extracted  in  driving  such  tunnel,  it 
shall  be  the  property  of  the  owner  of  the  vein  from  which  it 
was  taken,  and  the  owner  of  the  tunnel  shall  be  liable  for  all 
actual  damages  or  injury  done  to  the  owner  of  the  claim 
crossed  by  his  tunnel. 

Burden  of  Proof  as  to  Discovered  Vein. 

Sec.  3239.  In  all  actions  between  the  tunnel  owner  and 
others  involving  the  right  to  any  vein  discovered  in  such  tun- 
nel, the  burden  of  proving  that  the  vein  so  discovered  is  not 
the  property  of  the  adverse  claimant  in  such  action  shall  be  on 
the  tunnel  owner. 

MINING  PARTNERSHIP. 

When  Mining  Partnership  Exists. 

Sec.  3361.  A  mining  partnership  exists  when  two  or  more 
persons  who  own  or  acquire  a  mining  claim  for  the  purpose 
of  working  it  and  extracting  the  mineral  therefrom,  actually 
engage  in  working  the  same. 

Express  Agreement  Not  Necessary. 

Sec.  3362.  An  express  agreement  to  become  partners  or  to 
share  the  profits  and  losses  of  mining  is  not  necessary  to  the 
formation  or  existence  of  a  mining  partnership.  The  relation 
arises  from  the  ownership  of  shares  or  interests  in  the  mine 
and  working  the  same  for  the  purpose  of  extracting  the  min- 
eral therefrom. 

Sharing  Profits  and  Losses. 

Sec.  3363.    A  member  of  a  mining  partnership  shares  in  the 


116  MINING  LAWS  OF  IDAHO 

profits  and  losses  thereof  in  the  proportion  which  the  interest 
or  share  he  owns  in  the  mine,  bears  to  the  whole  partnership 
capital  or  whole  number  of  shares. 

Lien  of  Partners  and  Creditors. 

Sec.  3364.  Each  member  of  a  mining  partnership  has  a  lien 
on  the  partnership  property  for  the  debts  due  the  creditors 
thereof,  and  for  money  advanced  by  him  for  its  use.  A  lien 
exists  in  favor  of  the  creditors  notwithstanding  there  is  an 
agreement  among  the  partners  that  it  must  not. 

Mine  Partnership  Property. 

Sec.  3365.  The  mining  ground  owned  and  worked  by  part- 
ners in  mining,  whether  purchased  with  partnership  funds  or 
not,  is  partnership  property. 

Sale  of  Interest  by  Partner. 

Sec.  3366.  One  of  the  partners  in  a  mining  partnership  may 
convey  his  interest  in  the  mine  and  business  without  dissolving 
the  partnership.  The  purchaser,  from  the  date  of  his  purchase, 
becomes  a  member  of  the  partnership. 

Liability  of  Purchaser. 

Sec.  3367.  A  purchaser  of  an  interest  in  the  mining  ground 
of  a  mining  partnership  takes  it  subject  to  the  liens  existing 
in  favor  of  the  partners  for  debts  due  all  creditors  thereof, 
or  advances  made  for  the  benefit  of  the  partnership  unless  he 
purchased  in  good  faith,  for  a  valuable  consideration,  with- 
out notice  of  such  lien. 

Same. 

Sec.  3368.  A  purchaser  of  the  interest  of  a  partner  in  a  mine 
when  the  partnership  is  engaged  in  working  it,  takes  with 
notice  of  all  liens  resulting  from  the  relation  of  the  partners 
to  each  other  and  to  the  creditors  of  the  partnership. 

Members  Can  Not  Bind  Partnership. 

Sec.  3369.  No  member  of  a  mining  partnership  or  other 
agent  or  manager  thereof  can,  by  contract  in  writing,  bind  the 
partnership  except  by  express  authority  derived  from  the  mem- 
bers thereof. 

Majority  of  Shares  Governs. 

Sec.  3370.  The  decision  of  the  members  owning  a  majority 
of  the  shares  or  interests  in  a  mining  partnership,  binds  it  in 
the  conduct  of  its  business. 

Partnership  Contracts  May  Be  Recorded. 

Sec.  3371.    Written  contracts  relating  to  prospecting  or  min- 


MINING  LAWS  OF  IDAHO  117 

ing,  or  to  the  formation  of  co-partnership  for  that  purpose, 
when  signed  by  the  parties  thereto  and  indorsed  by  at  least 
one  witness,  may  be  recorded  in  the  office  of  the  county  rec- 
order of  the  county  wherein  it  is  proposed  to  prosecute  the 
business  of  said  co-partnership',  or  where  the  property  aifected 
by  such  contract  is  situated. 

Record  Constructive  Notice. 

Sec.  3372.  Such  record  shall  be  constructive  notice  to  all 
persons  of  the  matters  contained. in  such  contract  or  co-partner- 
ship agreement. 


ACTIONS   TO   DETERMINE    CONFLICTING    CLAIMS   TO 
REAL  PROPERTY. 

Order  for  Survey  and  Examination. 

Sec.  4542.  Any  person  having  a  bona  fide  claim  to  the  pos- 
session, title  of,  or  interest  in,  any  real  property  or  mining 
claim,  including  any  ledges  thereof,  which  is,  or  which  he  has 
good  reason  to  believe  is,  in  the  possession  of  another,  either  by 
surface  or  underground  holdings  or  workings,  and  it  is  neces- 
sary for  the  ascertainment,  enforcement  or  protection  of  such 
rights  or  interests,  that  an  examination  or  survey  of  such 
property  be  had,  and  the  person  so  in  the  possession  thereof, 
fails  or  refuses  for  three  days  after  demand  on  him  made  in 
writing,  to  permit  such  examination  or  survey  to  be  made  the 
party  desiring  the  same  may  apply  to  the  court  or  the  judge 
thereof,  whether  he  have  an  action  concerning  such  property 
pending  in  such  court  or  not,  for  an  order  for  such  examination 
and  survey. 

Such  application  must  be  made  upon  written  petition  or 
statement  under  oath,  setting  out  a  description  of  the  prop- 
erty, interest  of  the  party  therein,  that  the  premises  are  in  the 
possession  of  a  party,  naming  him,  the  reason  why  such  survey 
or  examination  is  asked,  the  demand  made  for  same,  and  re- 
fusal thereof. 

The  court  or  judge  must  appoint  a  time  and  place  for  hear- 
ing, of  which  notice,  with  a  copy  of  the  petition,  must  be  served 
upon  the  adverse  party,  at  least  three  days  before  the  hear- 
ing and  one  additional  day  for  each  twenty-five  miles  between 
the  place  of  service  of  notice  and  the  hearing,  and  such  hear- 
ing must  be  had  and  the  testimony  must  be  produced  in  the 
same  manner  as  provided  by  Section  4297  for  hearings  on  in- 
junctions. 

If  upon  such  hearings  the  court  or  judge  is  satisfied  that 
either  party  is  entitled  to  any  relief  or  order  for  examination 
or  survey  of  any  property  in  the  possession  of  the  other,  which 
has,  by  the  papers  in  the  proceedings,  been  put  in  controversy, 


118  MINING  LAWS  OF  IDAHO 

an  order  must  be  granted  for  such  examination,  survey  and 
other  privileges  as  the  court  or  judge  may  deem  just,  and  the 
order  must  specify  as  nearly  as  possible  what  the  person  in 
whose  favor  such  order  is  granted  may  do. 

Thereupon,  such  person  may  have  free  access,  with  such 
agents  and  assistants  as  may  be  allowed,  to  all  parts  of  such 
property,  with  right  to  remove  any  loose  rock,  debris  or  other 
obstacle,  when  the  same  is  necessary  to  the  making  of  a  full 
inspection  or  survey  of  such  property,  but  no  such  removal 
must  be  made  without  the  consent  of  the  adverse  party  or  the 
order  of  the  court  or  judge  permitting  the  same. 

The  court  or  judge  may  also,  upon  proper  showing,  with  the 
view  of  producing  such  evidence  as  may  be  needed  to  deter- 
mine the  rights  of  the  parties,  allow  work  to  be  done  on  such 
property,  but  any  work  so  permitted  must  be  allowed  only 
after  the  same  is  particularly  defined,  and  must  not  be  allowed 
in  such  manner  as  to  interfere  with  the  workings  of  the  adverse 
party,  and  then  only  when  the  court  is  satisfied  the  adverse 
party  is  acting  in  bad  faith  and  is  infringing  or  attempting  so 
to  do,  upon  the  rights  of  the  party  asking  to  do  such  work, 
and  when  there  is  no  other  reasonable  or  convenient  mode  for 
the  production  of  the  evidence  necessary  to  settle  the  rights 
of  the  parties. 

The  party  so  asking  to  do  work  upon  the  premises  of,  or  in 
the  possession  of  another,  must  give  good  and  sufficient  secu- 
rity for  the  payment  of  all  damages  he  may  do  the  adverse 
party  by  reason  of  such  work,  and  the  court  or  judge  must  at 
every  stage  of  the  proceedings  have  due  regard  for  the  rights 
of  all  parties  in  interest. 

Same. 

Sec.  4543.  The  order  must  describe  the  property,  and  a  copy 
thereof  must  be  served  on  the  owner  or  occupant;  and  there- 
upon such  party  may  enter  upon  the  property,  with  necessary 
surveyors  and  assistants,  and  make  such  survey  and  measure- 
ment; but  if  any  unnecessary  injury  be  done  to  the  property, 
he  is  liable  therefor. 

POSSESSORY  ACTIONS  FOR  PUBLIC   LANDS. 

Actions  to  Protect  Possessory  Rights. 

Sec.  4552.  Any  person  being  a  citizen  of  the  United  States, 
or  having  in  accordance  with  law  declared  his  intention  to  be- 
come a  citizen,  occupying  and  settled  upon  any  of  the  public 
lands  of  the  United  States  in  this  State  for  the  purpose  of  culti- 
vating or  grazing  the  same,  may  commence  and  maintain  any 
action  for  interference  with,  or  injury  to,  his  possession  of  such 
land,  against  any  person  interfering  with  or  injuring  the  same ; 
but  if  such  land  contains  mines  of  any  of  the  precious  metals. 


MINING  LAWS  OF  IDAHO  119 

the  possession  or  claim  of  the  person  occupying  the  same  for 
the  purposes  aforesaid  must  not  prevent  the  working  of  such 
mines  by  persons  desiring  to  work  jthe  same,  as  fully  as  if  no 
such  claim  for  agricultural  or  grazing  purposes  had  been  made 
thereon :  Provided,  That  this  chapter  must  not  be  so  construed 
as  to  allow  a  person,  subsequent  to  the  location  of  land  for 
agricultural  or  grazing  purposes,  to  go  upon  such  lands  for  the 
purpose  of  mining  without  first  paying  the  owner  thereof  the 
value  of  any  growing  crops  they  may  destroy;  this  provision 
does  not  extend  to  any  crops  planted  subsequent  to  their  loca- 
tion for  mining  purposes;  and  this  chapter  must  not  be  con- 
strued to  authorize  the  maintenance  of  any  claim  upon  lands 
which,  at  the  commencement  of  any  such  action,  may  have 
been  selected  by  the  United  States,  and  reserved  for  any  pur- 
pose. 

Claim :  What  to  Contain. 

Sec.  4553.  Every  claim,  to  enable  the  holder  to  maintain 
any  action  as  aforesaid,  must  contain  not  more  than  one  hun- 
dred and  sixty  acres  of  land,  to  be  in  compact  form,  and  so 
distinctly  marked  that  the  boundaries  thereof  may  be  easily 
traced. 

CONSPIRACY. 

Regarding  Mining  Claims. 

Sec.  6541.  In  all  cases  where  two  or  more  persons  associate 
themselves  together  for  the  purpose  of  obtaining  the  posses- 
sion of  any  lode,  gulch,  or  placer  claim,  then  in  the  actual 
possession  of  another,  by  force  or  violence,  or  by  stealth,  and 
proceed  to  carry  out  such  purpose  by  making  threats  against 
the  party  or  parties  in  possession,  or  enter  upon  such  lode  or 
mining  claim  for  the  purpose  aforesaid,  or  enter  upon  or  into 
any  lode,  gulch,  placer  claim,  quartz  mill  or  other  mining  prop- 
erty, or,  not  being  upon  such  property,  make  any  threats,  or 
make  use  of  any  language,  signs,  or  gestures  calculated  to  in- 
timidate any  person  or  persons  at  work  on  said  property,  from 
continuing  to  work  thereon  or  therein,  or  to  intimidate  others 
from  engaging  to  work  thereon  or  therein,  every  such  person 
so  offending  is  guilty  of  a  misdemeanor. 

LEASE  OF  STATE  LANDS. 
Leases. 

Sec.  1572.  The  State  Board  of  Land  Commissioners  may  lease 
any  portion  of  the  land  of  the  State,  at  a  rental  of  not  less  than 
five  per  cent  per  annum,  on  the  valuation  fixed  by  the  State 
Board,  except  as  hereinbefore  provided.  The  lessee  shall  pay 


120  MINING  LAWS  OF  IDAHO 

the  annual  rental  to  the  register  of  the  State  Board  of  Land 
Commissioners,  who  shall  receipt  for  the  same,  in  the  name  of 
the  board,  on  the  lease,  and  file  a  duplicate  receipt  with  the 
State  Auditor.  Upon  receiving  such  annual  rental,  the  Register 
shall  immediately  transmit  the  same  to  the  State  Treasurer  and 
take  his  receipt  therefor  in  duplicate,  filing  one  receipt  with 
the  State  Auditor  and  preserving  the  other  in  the  office  of  the 
State  Board  of  Land  Commissioners.  If  stone,  coal,  coal  oil, 
gas  or  other  mineral  or  precious  metals  be  found  upon  the  State 
land,  such  land  may  be  leased  for  the  purpose  of  obtaining 
therefrom  the  stone,  coal,  coal  oil,  gas,  or  other  mineral,  or 
precious  metals,  for  such  length  of  time,  and  conditioned  upon 
the  payment  to  the  board  of  such  royalty  upon  the  product,  as 
the  State  Board  of  Land  Commissioners  may  determine. 

Same:    Rent  to  Be  Paid  in  Advance. 

Sec.  1573.  All  leases  of  State  land,  except  mineral  leases, 
shall  be  conditioned  upon  the  payment  of  rental  annually  in 
advance,  and  a  violation  of  this  condition  shall  work  a  for- 
feiture of  the  lease,  at  the  option  of  the  State  Board  of  Land 
Commissioners,  after  thirty  days'  notice  to  the  lessee,  such 
notice  being  sent  to  the  postoffice  of  the  lessee,  as  given  by 
himself  to  the  Register  of  the  State  Land  Board  when  the 
lease  is  issued. 

Same:  Term  Renewal. 

Sec.  1574.  No  lease  of  State  lands  shall  be  for  a  longer  term 
than  five  years.  When  any  lease  expires  by  limitation,  the 
holder  thereof  may  renew  the  same  in  manner  as  follows :  At 
any  time  within  the  thirty  days  next  preceding  the  expiration 
of  the  lease,  the  lessee,  or  his  assigns,  shall  notify  the  Register 
of  his  desire  to  renew  said  lease.  If  the  lessee  and  State  Board 
agree  as  to  the  valuation  of  the  land,  a  new  lease  may  be  issued, 
bearing  even  date  with  the  expiration  of  the  old  one,  and  upon 
like  conditions. 


MALICIOUS  MISCHIEF. 

Destroying1  Mining  and  Water  Right  Notices. 

Sec.  7172.  Every  person  who  intentionally  defaces,  obliter- 
ates, tears  down  or  destroys  any  notice  posted  on  any  lode  or 
placer  mining  claim,  or  ditch,  or  water  right,  or  location,  or 
who  removes,  takes  down  or  destroys  any  post  or  monument 
erected  or  placed  to  mark  or  indicate  any  such  claim,  right  or 
location,  or  any  part  or  boundary  thereof,  or  part  thereon,  is 
guilty  of  a  misdemeanor. 


MINING  LAWS  OF  IDAHO  121 

EMINENT  DOMAIN. 

For  what  purposes  Eminent  Domain  may  be  invoked  see 
Article  1,  Section  14  of  the  Constitution. 

INSPECTOR  OF  MINES. 

Sections  199  to  209,  Revised  Statutes,  provides  for  appoint- 
ment of  Inspector  of  Mines,  prescribe  his  duties,  and  duties  of 
mine  owner  and  operator  with  regard  to  accidents,  safeguards 
in  mines  and  reports. 

PROTECTION  OF  MECHANICS. 

Sections  1446,  1447  and  1448,  Revised  Statutes,  provide  for 
posting  notice  at  mine  and  other  places  as  to  payment  of  wages 
of  mechanics  and  laborers  by  mine  operators. 

CHILD  LABOR. 

Article  4111,  Section  4  of  Constitution  and  Section  1466,  Re- 
vised Statutes,  provide  that  no  child  under  14  shall  be  em- 
ployed on  mining  claim. 

HOURS  OF  LABOR. 

Sections  1463  to  1465,  Revised  Statutes,  provide  that  8  hours 
shall  constitute  a  day's  labor  in  mines. 

EXPLOSIVES. 

Sections  1555  to  1557,  Revised  Statutes,  prescribe  for  mark- 
ing of  explosives,  their  storage  and  handling. 

TAXATION. 

Sections  1863  to  1872,  Revised  Statutes,  provide  for  taxation 
of  profits  realized  from  mines  and  ores. 

CHINESE. 

Section  2610,  Revised  Statutes,  prohibits  Chinese  or  persons 
of  Mongolian  descent  from  acquiring  title  to  mines  or  real 
property.  Other  aliens  may  locate  claims. 

CORPORATIONS. 

Sections  2730,  2784  and  2785  prescribe  laws  governing  or- 
ganization of  corporations,  annual  license  tax,  fees,  etc.  The 
Act  of  March  llth,  1912  (page  454,  1913  Session  Laws)  enacts 
a  "Blue  Sky  Law"  or  law  prohibiting  sales  of  stock,  bonds  or 
other  securities  by  corporations  without  permit  so  to  do  ob- 
tained from  Bank  Commissioner,  and  provides  for  corporations 
filing  reports  with  said  Commissioners  and  his  examination  of 
books  and  papers  of  corporations. 

Section  7128,  Revised  Statues,  makes  it  a  felony  to  publish  or 
distribute  any  false  statement  in  regard  to  conditions  of  cor- 
poration affairs  or  its  stock. 


122  MINING  LAWS  OF  IDAHO 

EMPLOYERS  LIABILITY. 

The  Act  of  March  6,  1909  (page  34,  1909  Session  Laws)  pro- 
vides that  employers  are  responsible  for  accidents  to  persons 
employed  on  mining  property. 

OPERATION  AND  EQUIPMENT  OF  MINES. 

The  Act  of  March  15,  1909  (page  266,  1909  Session  Laws) 
and  Act  of  March  8,  1915  (page  133,  1915  Session  Laws)  pro- 
vide for  Code  of  Mine  Bell  Signals,  safeguards  in  machinery 
and  timbering  in  mines,  and  modes  of  exit,  construction  of 
shafts,  use  of  electric  power,  etc.,  upon  mining  claims. 

INCLOSURE  OF  RESERVOIR  AND  PUMPS. 

Sections  1276  and  1277  provide  that  reservoirs  and  pumps 
on  mining  claims  must  be  enclosed  with  fences  strong  enough 
to  turn  stock  and  provide  for  damages  in  twice  the  value  of 
stock  injured  for  failure  so  to  do. 

WATER  APPROPRIATIONS. 

For  laws,  rules  and  blanks,  write  to  State  Engineer,  Boise, 
Idaho. 


LOCATION  NOTICE  LODE  CLAIM. 

For  this  form  use  the  same  as  given  for  Arizona. 
Also  see  sections  3211  and  3216,  Idaho  laws. 

LOCATION  NOTICE  PLACER  CLAIM. 

For  this  form  use  the  same  as  given  for  Arizona. 
Also  see  sections  3211  and  3216,  Idaho  laws. 

DIAGRAM  OF  LODE  CLAIM. 

See  end  of  Arizona  Laws. 


J.  W.  F.  DISS 

General  Insurance 


Acts  as  agent  and  advisor  for  those 
seeking  insurance  protection  in  all 
states  and  territories. 

Agent  for  you  and  not  for  any  par- 
ticular company. 

All  lines  of  Workmen's  Compen- 
sation, Liability,  Fire,  Automobile, 
Marine  and  Burglary  insurance 
placed  in  the  strongest  companies. 

Adjustments  of  loss  personally 
supervised. 


211-6  Hollingsworth  Building 

Corner  Sixth  and  Hill  Streets 
LOS  ANGELES 

Phones:    Home  F  2819          Main  1332 


WILLIAM  PETRY 
LAPIDARY 

ESTABLISHED  20  YEARS 

Buyer  of  Un-Cut  Stones 


Precious,  and  all  kinds 
of  stones  cut,  re-cut, 
and  repaired 

Special  stones  cut  and 
furnished  to  order 

Estimates  Furnished 


424  South  Broadway 

Rooms  905-906  Los  Angeles,  Cal. 


MINING  LAWS  OF  NEVADA 

(See  also  U.  S.  Mining  Laws.) 


LOCATION  AND  RELOCATION. 

(Revised  Laws  1912,  Sees.  2422-2446.) 


How  to  Locate. 

Sec.  1.  Any  person,  a  citizen  of  the  United  States,  or  one 
who  has  declared  his  intention  to  become  such,  who  discovers 
a  vein  or  lode,  may  locate  a  claim  upon  such  vein  or  lode  by 
denning  the  boundaries  of  the  claim  in  the  manner  hereinafter 
described  and  by  posting  a  notice  of  such  location  at  the  time 
and  point  of  discovery,  which  notice  must  be  posted  upon  one 
of  the  several  monuments  prescribed  in  section  2  of  this  act, 
and  such  notice  must  contain : 

First — The  name  of  the  lode  or  claim.  Second — The  name 
of  the  locator  or  locators.  Third — The  date  of  the  location. 
Fourth — The  number  of  linear  feet  claimed  in  length  along 
the  course  of  the  vein,  each  way  from  the  point  of  discovery, 
with  the  width  on  each  side  of  the  center  of  the  vein,  and 
the  general  course  of  the  vein  or  lode  as  near  as  may  be. 

Van  Valkenburg  v.  Huff,  1  Nev.  147 ;  Mallet  v.  Uncle  Sam 
G.  &  S.  M.  Co.,  1  Nev.  188 ;  Overman  S.  M.  Co.  v.  Ameri- 
can M.  Co.,  7  Nev.  312;  Phillpotts  v.  Blasdell,  8  Nev.  61; 
Wiell  v.  Lucerne  M.  Co.,  11  Nev.  200 ;  Golden  Fleece  v. 
Cable  Consolidated  M.  Co.,  12  Nev.  312;  Cleeson  v. 
White,  13  Nev.  443 ;  Overman  S.  M.  Co.  v.  Corcoran,  15 
Nev.  147 ;  Rose  v.  Richmond  M.  Co.,  17  Nev.  25 ;  Poujade 
v.  Ryan,  21  Nev.  449;  Brady  v.  Husby,  21  Nev.  453; 
134  F.  R.  610. 

Discovery  Shaft  to  be  Sunk — Depth  Ten  Feet — Boundaries  of 
Claim,  How  Defined. 

Sec.  2.  The  locator  of  a  lode  mining  claim  must  sink  a  dis- 
covery shaft  upon  the  claim  located  4x6  feet  to  the  depth  of  at 
least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  at 
the  surface,  or  deeper  if  necessary,  to  show  by  such  work  a  lode 
deposit  of  mineral  in  place ;  a  cut  or  crosscut  or  tunnel  which 
cuts  the  lode  at  a  depth  of  ten  feet,  or  an  open  cut  along  the 
said  ledge  or  lode  equivalent  in  size  to  a  shaft  four  feet  by  six 
feet  by  ten  feet  deep,  is  equivalent  to  a  discovery  shaft.  The 


126  MINING  LAWS  OF  NEVADA 

locator  must  define  the  boundaries  of  his  claim  by  removing 
the  top  of  a  tree  (having  a  diameter  of  not  less  than  four  in- 
ches), not  less  than  three  feet  above  the  ground,  and  blazing 
and  marking  the  same ;  or  by  a  rock  in  place,  capping  such  rock 
with  smaller  stones,  such  rock  and  stones  to  have  a  height  of 
not  less  than  three  feet;  or  by  setting  a  post  or  stone,  one  at 
each  corner  and  one  at  the  center  of  each  side  line.  When  a 
post  is  used,  it  must  be  at  least  four  inches  in  diameter  by  four 
and  one-half  feet  in  length,  and  set  one  foot  in  the  ground. 
When  it  is  practically  impossible  on  account  of  bedrock  or 
precipitous  ground  to  sink  such  posts,  they  may  be  placed  in  a 
mound  of  earth  or  stones,  or  where  the  proper  placing  of  such 
posts  or  other  monuments  is  impracticable  or  dangerous  to  life 
or  limb,  it  shall  be  lawful  to  place  such  posts  or  monuments  at 
the  nearest  point,  properly  marked  to  designate  its  right  place. 
When  a  stone  is  used,  not  a  rock  in  place,  it  must  be  not  less 
than  six  inches  in  diameter  and  eighteen  inches  in  length,  and 
set  two-thirds  of  its  length  in  the  top  of  a  mound  of  earth  or 
stone  four  feet  in  diameter,  and  two  and  one-half  feet  in  height. 
All  trees,  posts  or  rocks  used  as  monuments  which  are  not  four 
feet  in  diameter  at  the  base  shall  be  surrounded  by  a  mound 
of  earth  or  stones  four  feet  in  diameter  by  two  feet  in  height, 
which  trees,  posts,  stones  or  rock  monuments  must  be  so  marked 
as  to  designate  the  corners  of  the  claim  located ;  provided,  how- 
ever, that  the  locator  of  a  mining  claim  shall  within  twenty 
days  from  the  date  of  posting  the  notice  of  location  define  the 
boundaries  of  said  claim  by  placing  at  each  corner  and  the 
center  of  each  sideline  one  of  the  hereinbefore  described  mon- 
uments, and  shall  within  ninety  days  from  the  date  of  posting 
of  said  location  notice  perform  the  location  work  hereinbefore 
prescribed. 

Silver  M.  Co.  v.  Fall,  6  Nev.  116 ;  Southern  Cross  G.  &  S. 

M.  Co.  v.  Europia  M.  Co.,  15  Nev.  383;  Sisson  v.  Som- 

mers,  24  Nev.  379. 

WHAT  NOTICE   SHALL   CONTAIN  — WHEN   LOCATION 

IS  VOID. 

Sec.  3.  Any  locator  or  locators  of  a  mining  claim,  after 
having  established  the  boundaries  of  said  claim,  and  after 
complying  with  the  provisions  of  this  act,  with  reference  to 
the  establishment  of  such  boundaries,  may  file  with  the  district 
mining  recorder  a  notice  of  location,  setting  forth  the  name 
given  to  the  lode  or  vein,  the  number  of  linear  feet  claimed  in 
length  along  the  course  of  the  vein,  the  date  of  location,  the 
date  on  which  the  boundaries  of  the  claim  were  completed, 
and  the  name  of  the  locator  or  locators.  Should  any  claim 
be  located  in  any  section  or  territory  where  no  district  has 
yet  been  formed,  or  where  there  is  no  district  recorder,  the 


MINING  LAWS  OF  NEVADA  127 

locator  or  locators  of  such  claims  may  file  with  the  county 
recorder  notice  of  location  as  set  forth  above,  and  said  notice  of 
location  will  be  prima  facie  evidence  in  all  courts  of  justice  of 
the  first  location  of  said  lode  or  vein.  Within  ninety  days  of 
the  date  of  posting  the  location  notice  upon  the  claim  the  lo- 
cator shall  record  his  claim  with  the  mining  district  recorder 
and  the  county  recorder  of  the  mining  district,  or  county,  in 
which  such  claim  is  situated  by  a  location  certificate,  which 
must  contain: 

First — The  name  of  the  lode  or  vein. 

Second — The  name  of  the  locator  or  locators. 

Third — The  date  of  the  location  and  such  description  of  the 
location  of  said  claim  with  reference  to  some  natural  object  or 
permanent  monument  as  will  identify  the  claim. 

Fourth — The  number  of  linear  feet  claimed  in  length  along 
the  course  of  the  vein  each  way  from  the  point  of  discovery, 
with  a  width  on  each  side  of  the  center  of  the  vein,  and  the 
general  course  of  the  lode  or  vein  as  near  as  may  be. 

Fifth — The  dimensions  and  location  of  the  discovery  shaft, 
or  its  equivalent,  sunk  upon  the  claim. 

Sixth — The  location  and  description  of  each  corner,  with  the 
markings  thereon. 

Any  record  of  the  location  of  a  lode  mining  claim  which 
shall  not  contain  all  the  requirements  named  in  this  section 
shall  be  void.  All  records  of  lode  or  placer  mining  claims, 
millsites  or  tunnel  rights  heretofore  made  by  any  recorder  of 
any  mining  district,  or  any  county  recorder,  are  hereby  declared 
to  be  valid  and  to  have  the  same  force  and  effect  .as  records 
made  in  pursuance  of  the  provisions  of  this  act.  And  any 
such  record,  or  a  copy  thereof,  duly  verified  by  a  mining  re- 
corder or  duly  certified  by  a  county  recorder,  shall  be  prima 
facie  evidence  of  the  facts  therein  stated. 

What  Location  Includes. 

Sec.  4.  The  location  or  record  of  any  vein  or  lode  claim  shall 
be  construed  to  include  all  surface  ground  within  the  surface 
lines  thereof,  and  all  lodes  and  ledges  throughout  their  entire 
depth,  the  top  or  apex  of  which  lies  inside  of  such  lines  extend- 
ed downward,  vertically  with  all  parts  of  such  lodes  or  veins 
s  continue  to  dip  beyond  the  side  lines  of  the  claim,  but  shall 
not  include  any  portion  of  such  lodes,  veins  or  ledges  beyond 
the  end  lines  of  the  claim,  or  the  end  lines  continued,  whether 
by  dip  or  otherwise,  or  beyond  the  side  lines  in  any  other  man- 
ner than  by  the  dip  of  the  lode. 

End  Lines. 

Sec.  5.  If  the  top  or  apex  of  the  lode  in  its  longitudinal 
course  extends  beyond  the  exterior  lines  of  the  claim  at  any 
point  on  the  surface,  or  as  extended  vertically  downward,  such 


128  MINING  LAWS  OF  NEVADA 

lode  may  not  be  followed  in  its  longitudinal  course  where  it 
is  intersected  by  the  exterior  lines. 

Jones  v.  Prospect  Tunnel  Co.,  21  Nev.  339. 

Relocation  in  Case  of  Defective  Certificate. 

Sec.  6.  If  at  any  time  the  locator  of  any  mining  claim  here- 
tofore or  hereafter  located,  or  his  assigns,  shall  apprehend  that 
his  original  certificate  was  defective,  erroneous,  or  that  the 
requirements  of  the  law  had  not  been  complied  with  before 
filing;  or  shall  be  desirous  of  changing  his  surface  boundaries 
or  of  taking  in  any  part  of  an  overlapping  claim  which  has 
been  abandoned;  or  in  case  the  original  certificate  was  made 
prior  to  the  passage  of  this  law,  and  he  shall  be  desirous  of 
securing  the  benefits  of  this  Act,  such  locator  or  his  assigns 
may  file  an  additional  certificate,  subject  to  the  provisions  of 
this  Act ;  provided,  that  such  relocation  does  not  interfere  with 
the  existing  rights  of  others  at  the  time  of  such  relocation, 
and  no  such  relocation  or  the  record  thereof  shall  preclude  the 
claimant  or  claimants  from  proving  any  such  titles  as  he  or 
they  may  have  held  under  previous  location. 
Phillpotts  v.  Blasdell,  8  Nev.  61. 

Work  to  be  Done  on  Relocation. 

Sec.  7.  The  relocation  of  abandoned  lode  claim  shall  be  by 
sinking  a  new  discovery  shaft  and  fixing  new  boundaries,  in 
the  same  manner  as  if  it  were  the  location  of  a  new  claim;  or 
the  relocator  may  sink  the  original  discovery  shaft  ten  feet 
deeper  than  it  was  at  the  time  of  abandonment,  in  which  case 
the  record  must  give  the  depth  and  dimensions  of  the  original 
discovery  shaft  at  the  date  of  such  relocation,  and  erect  new 
or  adopt  the  old  boundaries,  renewing  the  posts  or  monuments 
if  removed  or  destroyed.  In  either  case  a  new  location  stake 
shall  be  erected.  In  any  case,  whether  the  whole  or  part  of  an 
abandoned  claim  is  taken,  the  record  may  state  that  the  whole 
or  any  part  of  the  new  location  is  located  as  abandoned  prop- 
erty. If  it  is  not  known  to  the  relocator  that  his  location  is  on 
an  abandoned  claim,  then  the  provisions  of  this  section  do  not 
apply. 

Sever  v.  Gergovich,  16  Nev.  325 ;  Rose  v.  Richmond  M.  Co., 
17  Nev.  25 ;  South  End  M.  Co.  v.  Tinney,  22  Nev.  19. 

Survey  and  Certificate  of  Surveyor  Become  Part  of  Record. 

Sec.  8.  Where  a  locator  or  his  assigns,  has  the  boundaries 
and  corners  of  his  claim  established  by  a  United  States  deputy 
mineral  surveyor,  or  a  licensed  surveyor  of  this  State,  and  his 
claim  connected  with  the  corner  of  the  public  or  minor  surveys 
of  an  established  initial  point,  and  incorporates  into  the  record 
of  the  claim  the  field  notes  of  such  survey,  and  attaches  to  and 


MINING  LAWS  OF  NEVADA  129 

files  with  such  location  certificate  a  certificate  of  the  surveyor, 
setting  forth:  First,  that  said  survey  was  actually  made  by 
him,  giving  the  date  thereof;  second,  the  name  of  the  claim 
surveyed  and  the  location  thereof;  third,  that  the  description 
incorporated  in  the  declaratory  statement  is  sufficient  to  iden- 
tify, such  survey  and  certificate  becomes  a  part  of  the  record, 
and  such  record  is  prima  facie  evidence  of  the  facts  therein 
contained. 

Amount  of  Work  to  Hold  Possession. 

Sec.  9.  The  amount  of  work  done  or  improvements  made 
during  each  year  to  hold  possession  of  a  mining  claim  shall  be 
that  prescribed  by  the  laws  of  the  United  States,  to-wit :  One 
hundred  dollars  annually.  In  estimating  the  worth  of  labor 
required  to  be  performed  upon  any  mining  claim,  to  hold  the 
same  under  the  laws  of  the  United  States,  the  value  of  a  day 's 
labor  is  hereby  fixed  at  the  sum  of  four  dollars ;  provided,  how- 
ever, that  in  the  sense  of  this  statute  eight  hours  of  labor 
actually  performed  upon  the  mining  claim  shall  constitute  a 
day's  labor. 

Affidavit  of  Work  Performed. 

Sec.  10.  Within  sixty  days  after  the  performance  of  labor  or 
making  of  improvements,  required  by  law  to  be  annually  per- 
formed or  made  upon  any  mining  claim,,  the  person  in  whose 
behalf  such  labor  was  performed  or  improvements  made,  or 
someone  in  his  behalf,  shall  make  and  have  recorded  by  the  min- 
ing district  recorder  or  the  County  Recorder,  in  books  kept  for 
that  purpose,  in  the  mining  district  or  county  in  which  such 
mining  claim  is  situated,  an  affidavit  setting  forth  the  amount 
of  money  expended,  or  value  of  labor  or  improvements  made, 
or  both,  the  character  of  expenditures  or  labor  or  improve- 
ments, a  description  of  the  claim  or  part  of  the  claim  affected 
by  such  expenditures,  or  labor  or  improvements,  for  what  year, 
and  the  name  of  the  owner  or  claimant  of  said  claim  at  whose 
expense  the  same  was  made  or  performed.  Such  affidavit,  or 
a  copy  thereof,  duly  certified  by  the  County  Recorder,  shall  be 
prima  facie  evidence  of  the  performance  of  such  labor  or  the 
making  of  such  improvements,  or  both. 

Sees.  1  and  2,  Statutes  1897,  p.  105. 

Notice  to  a  Delinquent — Proviso — Penalty. 

Sec.  11.  Whenever  a  co-owner  or  co-owners  shall  give  to  a  de- 
linquent coowner  or  coowners  the  notice  in  writing  or  notice  by 
publication  provided  for  in  Section  2324,  Revised  Statutes  of 
the  United  States,  an  affidavit  of  the  person  giving  such  notice, 
stating  the  time,  place,  manner  of  service  and  by  whom  and 
upon  whom  such  service  was  made,  shall  be  attached  to  a  true 
copy  of  such  notice,  and  such  notice  and  affidavit  must  be 


130  MINING  LAWS  OF  NEVADA 

recorded  by  the  mining  district  recorder  or  the  County  Re- 
corder, in  books  kept  for  that  purpose,  in  the  mining  district 
or  county  in  which  the  claim  is  situated;  within  ninety  days 
after  the  giving  of  such  notice,  or  if  such  notice  is  given  by 
publication  in  a  newspaper,  there  shall  be  attached  to  a  printed 
copy  of  such  notice  an  affidavit  of  the  printer  or  his  foreman 
or  principal  clerk  of  such  paper,  stating  the  date  of  the  first, 
last  and  each  insertion  of  such  notice  therein,  and  when  and 
where  the  newspaper  was  published  during  that  time,  and  the 
name  of  such  newspaper.  Such  affidavit  and  notice  shall  be 
recorded  as  aforesaid  within  one  hundred  and  eighty  days  after 
the  first  publication  thereof.  The  original  of  such  notice  and 
affidavits,  or  a  duly  certified  copy  of  the  record  thereof,  shall 
be  evidence  that  the  delinquent  mentioned  in  Section  2324  has 
failed  or  refused  to  contribute  his  proportion  of  the  expenditure 
required  by  that  section  and  of  the  service  or  publication  of 
said  notice;  provided,  the  writing  or  affidavit  hereinafter  pro- 
vided for  is  not  of  record.  If  such  delinquent  shall,  within  the 
ninety  days  required  by  Section  2324  aforesaid,  contribute  to 
his  coowner  or  coowners  his  proportion  of  such  expenditures, 
such  coowner  or  coowners  shall  sign  and  deliver  to  the  de- 
linquent or  delinquents  a  writing,  stating  that  the  delinquent 
or  delinquents  by  name,  has  within  the  time  required  by 
Section  2324  of  the  Revised  Statutes  of  the  United  States  con- 
tributed his  share  for  the  year ,  upon  the  mine, 

and  further  stating  therein  the  district,  county  and  state 
wherein  the  same  is  situate  and  the  book  and  page  where  the 
location  notice  is  recorded;  such  writing  shall  be  recorded  in 
the  office  of  the  County  Recorder  of  said  county.  If  such 
coowner  or  coowners  shall  fail  to  sign  and  deliver  such  writing 
to  the  delinquent  or  delinquents  within  twenty  days  after  such 
contribution,  the  coowner  or  coowners  so  failing  as  aforesaid 
shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to  be  re- 
covered by  any  person  for  the  use  of  the  delinquent  or  delin- 
quents in  any  court  of  competent  jurisdiction.  If  such  coowner 
or  coowners  fail  to  deliver  such  writing  within  said  twenty 
days,  then  the  delinquent,  with  two  disinterested  persons  hav- 
ing personal  knowledge  of  such  contribution,  may  make  affi- 
davit setting  forth  in  what  manner,  the  amount  of,  to  whom 
and  upon  what  mine  such  contribution  was  made.  Such  affi- 
davit, or  a  record  thereof  in  the  office  of  the  County  Recorder 
of  the  county  in  which  said  mine  is  situate,  shall  be  prima 
facie  evidence  of  such  contribution. 

Notice  to  Claim  but  One  Location. 

Sec.  12.  No  notice  of  location  of  a  lode  claim  shall  claim  more 
than  one  location,  whether  the  location  be  made  by  one  or 

\ 


MINING  LAWS  OF  NEVADA  131 

several  persons.  And  if  such  notice  purport  to  claim  more 
than  one  location  it  shall  be  absolutely  void,  except  as  to  the 
first  location  therein  described.  And  if  they  are  described  to- 
gether, or  so  that  it  cannot  be  told  which  location  is  first 
described  the  notice  of  location  shall  be  void  as  to  all. 

Location  of  Placer  Claim. 

Sec.  13.  The  location  of  a  placer  claim  shall  be  made  in 
the  following  manner :  By  posting  thereon,  upon  a  tree,  rock 
in  place,  stone,  post,  or  monument,  a  notice  of  location,  con- 
taining the  name  of  the  claim,  name  of  locator  or  locators,  date 
of  location,  and  number  of  feet  or  acres  claimed,  and  by  mark- 
ing the  boundaries  and  the  location  point  in  the  same  manner 
and  by  the  same  means  as  required  by  the  laws  of  this  State  for 
marking  the  boundaries  of  lode  claim  locations ;  provided,  that 
where  the  United  States  survey  has  been  extended  over  the 
land  embraced  in  the  location,  the  claim  may  be  taken  by  legal 
subdivisions,  and,  except  the  marking  of  the  location  point  as 
hereinbefore  prescribed,  no  other  markings  than  those  of  said 
survey  shall  be  required. 

Relating  to  Location. 

Sec.  14.  Within  ninety  days  after  the  posting  of  the  notice 
of  location  of  a  placer  claim,  the  locator  shall  perform  not  less 
than  twenty  dollars  worth  of  labor  upon  the  claim  for  the 
development  thereof,  and  shall  have  recorded  by  the  mining 
district  recorder  and  the  County  Recorder  of  the  district  and 
county  in  which  the  claim  is  situated  a  certificate  which  shall 
state  the  name  of  the  claim,  designating  it  as  a  placer  claim, 
name  of  locator  or  locators,  date  of  location,  number  of  feet  or 
acres  claimed,  a  description  of  the  claim  with  regard  to  some 
natural  object  or  permanent  monument,  so  as  to  identify  the 
claim,  and  the  kind  and  amount  of  work  done  by  him  as  herein 
required,  and  the  place  on  the  claim  where  said  work  was 
done.  This  certificate,  or  the  record  thereof,  or  a  duly  certified 
copy  of  said  record,  shall  be  prima  facie  evidence  of  the  re- 
citals therein.  But  if  such  certificate  do  not  state  all  the  facts 
herein  required  to  be  stated,  it  shall  be  void. 

Note. — A  decision  of  the  Supreme  Court  in  the  case  of  Butte 
City  Water  Co.  v.  Baker  practically  establishes  the  validity  of 
the  above  Act.  The  case  is  reported  in  196,  U.  S.,  page  119. 

Mill  Site. 

Sec.  15.  The  proprietor  of  a  vein  or  lode  claim  or  mine 
or  the  owner  of  a  quartz  mill  or  reduction  works,  may  locate 
five  acres  of  non-mineral  land  as  a  mill  site. 

Notice  to  Contain. 

Sec.  16.    The  locator  of  a  mill  site  location  shall  locate  his 


132  MINING  LAWS  OF  NEVADA 

claim  by  posting  a  notice  of  location  thereon,  which  must  con- 
tain: First — The  name  of  the  locator  or  locators.  Second — 
The  name  of  the  vein,  or  lode  claim,  or  mine,  of  which  he  is 
the  proprietor,  or  the  name  of  the  quartz  mill  or  ^reduction 
works  of  which  he  is  the  owner.  Third — The  date  of  the  loca- 
tion. Fourth — The  number  of  feet  or  acres  claimed.  Fifth — 
A  description  of  the  claim  by  such  reference  to  a  natural  ob- 
ject or  permanent  monument  as  shall  identify  the  claim  or  mill 
site.  And  by  marking  the  boundaries  of  his  claim  in  the  same 
manner  as  provided  in  this  Act  for  the  marking  of  the  bound- 
aries of  a  placer  mining  claim,  so  far  as  the  same  may  be  ap- 
plicable thereto. 

Locator  Shall  Record. 

Sec.  17.  The  locator  of  a  mill  site  claim  or  location  shall 
within  thirty  days  from  the  date  of  his  location,  record  his 
location  with  the  mining  district  recorder  and  the  County 
Recorder  of  the  district  or  county  in  which  such  location  is 
situated,  by  a  location  certificate  which  must  be  similar  in  all 
respects  to  the  one  posted  on  the  location. 

When  Location  is  Void. 

Sec.  18.  Any  record  of  a  mill  site  location  which  shall  not 
contain  the  name  of  the  locator  or  locators,  the  name  of  the 
vein  or  lode  claim  or  mine  of  which  the  locator  is  the  proprie- 
tor, or  the  name  of  the  quartz  mill  or  reduction  works  of  which 
the  locator  is  the  owner,  the  number  of  feet  or  acres  claimed, 
and  such  description  as  shall  identify  the  claim  with  reason- 
able certainty,  shall  be  void. 

Robinson  v.  Imperial  M.  Co.,  5  Nev.  44;  Hamburg  M.  Co. 
v.  Stevenson,  17  Nev.  450. 

Notice  to  Contain. 

Sec.  19.  The  locator  of  a  tunnel  right  or  location  shall 
locate  his  tunnel  right  or  location  by  posting  a  notice  of  location 
at  the  face  or  point  of  commencement  of  the  tunnel,  which  must 
contain :  First — the  name  of  the  locator  or  locators.  Second — 
The  date  of  the  location.  Third — The  proposed  course  or  direc- 
tion of  the  tunnel.  Fourth — The  height  and  width  thereof. 
Fifth — The  position  and  character  of  the  boundary  monuments. 
Sixth — A  description  of  the  tunnel  by  such  reference  to  a  nat- 
ural object  or  permanent  monument  as  shall  identify  the  claim 
or  tunnel  right. 

Boundary  Lines. 

Sec.  20.  The  boundary  lines  of  the  tunnel  shall  be  established 
by  stakes  or  monuments  placed  along  such  lines  at  an  interval 
of  not  more  than  three  hundred  feet  from  the  face  or  point  of 
commencement  of  the  tunnel  to  the  terminus  of  three  thousand 
feet  therefrom.  The  stakes  or  monuments  shall  be  of  the  same 


MINING  LAWS  OF  NEVADA  133 

size  and  character  as  those  provided  for  lode  or  placer  claims 
in  this  Act. 

Locator  Shall  Record. 

Sec.  21.  The  locator  of  a  tunnel  right  or  location  shall  within 
sixty  days  of  the  date  of  the  location,  record  his  location  with 
the  mining  district  recorder  and  the  County  Kecorder  of  the 
county  or  district  in  which  such  location  is  situated,  which 
must  be  similar  in  all  respects  to  the  one  posted  on  the  location. 
Any  record  of  a  tunnel  right  or  location  which  shall  not  contain 
all  the  requirements  named  in  this  section  shall  be  void. 

Relating  to  Blind  Lodes  or  Veins. 

Sec.  22.  All  blind  lodes,  or  veins  or  lodes  not  previously 
known  to  exist,  discovered  in  a  tunnel  run  for  the  development 
of  a  vein  or  lode,  or  for  the  discovery  of  mines,  and  within 
three  thousand  feet  from  the  face  of  such  tunnel,  shall  be  lo- 
cated upon  the  surface  and  held  in  like  manner  as  other  lode 
claims  under  the  provisions  of  this  Act. 

Provisions  of  Act  Applicable. 

Sec.  23.  The  provisions  of  this  Act  shall  be  construed  as 
equally  applicable  to  all  classes  of  location  except  where  the 
requirement  as  to  any  one  class  is  manifestly  inapplicable  to 
any  other  class  or  classes. 

Certificate  of  Location  and  Labor  Need  Not  Be  Sworn  To. 

Sec.  24.  Certificates  of  location  and  of  labor  and  improve- 
ments necessary  to  hold  claims  need  not  be  sworn  to,  and  are 
not  required  to  be  in  any  specified  form,  nor  to  state  facts  in 
any  specific  order;  but  must  truly  state  the  required  facts. 

Recording  of  Location  When  No  District  Recorder. 

Sec.  25.  Where  there  is  no  mining  district,  or  where  a  dis- 
trict having  once  existed  the  residence  of  the  officers  within  the 
district  and  their  places  of  business  within  the  district  where 
the  books  are  kept  are  not  publicly  known,  district  recording 
shall  not  be  required  of  the  locator  or  claim  owner.  But  record- 
ing shall  be  required  in  the  office  of  the  county  recorder  in  all 
cases ;  as  well  where  there  is  a  district  recorder  as  where  there 
is  none. 

LOCATION  OF  SALINE  LANDS. 

(Revised  Laws  1912,  Sees.  2447-2450.) 
Location  of  Saline  Lands. 

Section  1.  Any  person  may  locate,  claim  and  hold  not  ex- 
ceeding one  hundred  and  sixty  acres  of  the  public  lands  within 
this  State  containing  salt  or  saline  matter. 


134:  MINING  LAWS  OF  NEVADA 

Duty  of  Persons  Locating  Saline  Lands. 

Sec.  2.  It  shall  be  the  duty  of  any  person  or  persons  locat- 
ing salt  lands  to  have  the  same  surveyed  by  the  County  Sur- 
veyor of  the  county  in  which  said  lands  are  located,  within 
thirty  days  from  the  date  of  location;  and  the  surveyor  shall, 
within  thirty  days  from  the  completion  of  said  survey,  make 
and  deliver  to  the  party  employing  him  to  make  the  survey, 
a  correct  description  and  plat  of  the  lands  thus  surveyed,  and 
the  same  shall  be  recorded  in  the  office  of  the  County  Recorder 
of  said  county  within  thirty  days  from  the  delivery  thereof 
by  the  surveyor. 

Prior  Locations  Ratified. 

Sec.  3.  All  locations  made  prior  to  the  passage  of  this  Act 
upon  saline  lands  are  hereby  ratified  and  confirmed  to  the  lo- 
cators thereof,  their  heirs  and  assigns;  provided,  the  parties 
now  holding  and  occupying  said  lands  shall,  within  sixty  days 
from  the  passage  of  this  Act,  have  the  same  surveyed  and  re- 
corded as  provided  in  section  two  of  this  Act. 

When  Subject  to  Relocation. 

Sec.  4.  All  persons  claiming  and  holding  saline  lands  under 
the  provisions  of  this  Act  shall  keep  and  hold  actual  possession 
of  said  lands  by  occupying  the  same,  and  whenever  said  lands 
are  abandoned  for  a  period  longer  than  sixty  days,  the  same 
shall  be  subject  to  relocation. 

RECORDER  MUST  GIVE  LOCATOR  RECEIPT. 

(Revised  Laws  1912,  Sees.  2451-2455.) 

Section  1.  Whenever  the  locator  of  a  mining  claim  shall 
file  his  certificate  of  location  in  accordance  with  the  law  and 
pay  the  prescribed  fees  therefor,  it  shall  be  the  duty  of  the 
Mining  District  Recorder,  and  of  the  County  Recorder,  with 
whom  said  certificate  is  filed  forthwith  to  give  such  locator,  or 
his  agent,  a  receipt  therefor.  Said  receipt  shall  contain  name 
of  the  claim  given  in  notice  filed,  and  date  of  location  thereof, 
stating  the  day  and  hour  such  certificate  of  location  was  filed. 

Sec.  2.  The  receipt  called  for  in  section  one  of  this  Act 
shall  be  prima  facie  evidence  that  the  certificate  of  location  has 
been  duly  filed,  and  of  the  date  of  filing. 

(Two  sections  not  material  omitted  here.) 

Sec.  5.  Any  Mining  District  Recorder  or  County  Recorder 
neglecting  or  refusing  to  comply  with  the  provisions  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  ($500)  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment. 


MINING  LAWS  OF  NEVADA  135 

MINERAL  LANDS. 

(Revised  Laws  1912,  Sees.  2456,  2457.) 
May  Enter  Upon  Mineral  Lands — Compensation  for  Injury. 

Sec.  2.  The  several  grants  made  by  the  United  States  to  the 
State  of  Nevada  reserved  the  mineral  lands.  Sales  of  such  lands 
made  by  the  State  were  made  subject  to  such  reservation.  Any 
citizen  of  the  United  States,  or  person  having  declared  his  in- 
tention to  become  such,  may  enter  upon  any  mineral  lands  in 
this  State,  notwithstanding  the  State's  selection,  and  explore 
for  gold,  silver,  copper,  lead,  cinnabar,  or  other  valuable  min- 
eral, and  upon  the  discovery  of  such  valuable  mineral,  may 
work  and  mine  the  same  in  pursuance  of  the  local  rules  and 
regulations  of  the  miners  and  the  laws  of  the  United  States; 
provided,  that  after  a  person  who  has  purchased  land  from  the 
State  has  made  valuable  improvements  thereon,  such  improve- 
ments shall  not  be  taken  or  injured  without  full  compensation. 
But  such  improvements  may  be  condemned  for  the  uses  and 
purposes  of  mining  in  like  manner  as  private  property  is  by  law 
condemned  and  taken  for  public  use.  Mining  for  gold,  silver, 
copper,  lead,  cinnabar,  and  other  valuable  minerals  is  the  para- 
mount interest  of  this  State,  and  is  hereby  declared  to  be  a  pub- 
lic use.  Stats.  1887,  p.  102. 

State  Disclaims  Interest  in  Mineral  Lands. 

Sec.  3.  Every  contract,  patent  or  deed  hereafter  made  by 
this  State  or  the  authorized  agents  thereof,  shall  contain  a  pro- 
vision expressly  reserving  all  mines  of  gold,  silver,  copper,  lead, 
cinnabar  and  other  valuable  minerals  that  may  exist  in  such 
land,  and  the  State,  for  itself  and  its  grantees,  hereby  disclaims 
any  interest  in  mineral  lands  heretofore  or  hereafter  selected 
by  the  State  on  account  of  any  grant  from  the  United  States. 
All  persons  desiring  titles  to  mines  upon  lands  which  have  been 
selected  by  the  State  must  obtain  such  title  from  the  United 
States,  under  the  laws  of  congress,  notwithstanding  such  se- 
lection. Stats.  1897,  p.  36. 

Heydenfeldt  v.  Daney  G.  &  S.  M.  Co.,  10  Nev.  290. 

PROSPECTING  ON  PRIVATE  LAND. 

(Revised  Laws  1912,  Sees.  2458-2462.) 

Section  1.  Any  person,  a  citizen  of  the  United  States,  may 
enter  upon  any  unfenced  and  unimproved  land  in  the  State  of 
Nevada  held  in  private  ownership,  excepting  mining  claims 
and  mining  property  already  located  or  occupied  for  mining 
purposes,  and  may  prospect  thereon  for  gold,  silver,  or  other 
valuable  minerals  or  metals,  being  responsible  to  the  owner  of 
the  land  for  all  damage  done  thereon. 


136  MINING  LAWS  OF  NEVADA 

Sec.  2.  Any  person,  a  citizen  of  the  United  States,  discov- 
ering a  ledge  or  deposit  containing  gold,  silver  or  other  valua- 
ble mineral  or  metals  in  or  upon. any  unfenced  and  unimproved 
land  in  this  State  held  in  private  ownership,  excepting  min- 
ing claims  or  mining  property  already  located  or  occupied 
for  mining  purposes,  may  locate  such  ledge  or  deposit,  in 
accordance  with  the  laws  of  the  United  States,  and  of  this 
State  in  respect  to  the  location  of  mining  claims,  the  same  as 
though  such  ledge  or  deposit  was  found  upon  the  public  do- 
main, and  may  acquire  title  to  such  land  so  located  by  means 
of  the  special  proceedings  prescribed  in  this  Act.  The  said 
special  proceedings  shall  be  substantially  as  follows : 

There  shall  be  filed  in  the  clerk's  office  of  the  District  Court 
in  the  county  where  the  real  estate  is  situated  a  petition  veri- 
fied according  to  law,  stating  therein  the  names  of  the  person 
or  persons  presenting  the  petition ;  that  he  or  they  have  discov- 
ered a  ledge  or  deposit  containing  gold,  silver  or  some  other 
valuable  mineral  or  metal ;  the  description  by  metes  and  bounds 
or  by  some  other  accurate  designation  of  the  tract  or  tracts  of 
land,  located  in  the  manner  of  mining  claims  as  herein  pro- 
vided and  desired  to  be  appropriated  for  mining  purposes ;  that 
said  land  is  more  valuable  for  mining  purposes  than  the  pur- 
pose for  which  the  same  is  being  held;  the  names  of  those  in 
possession  of  said  land,  and  those  claiming  any  right,  title 
or  interest  therein,  so  far  as  the  same  can  be  obtained  by 
reasonable  diligence. 

Sec.  3.  That  the  proceedings  following  the  filing  of  such 
petition  shall  be  as  prescribed  in  that  certain  Act  of  the  Legis- 
lature of  this  State,  entitled  "An  Act  to  encourage  mining, 
milling,  smelting  or  other  reduction  of  ores  in  the  State  of 
Nevada,"  approved  March  1,  1875,  in  so  far  as  the  same  are 
not  inconsistent  with  the  provisions  of  this  act. 

Sec.  4.  If  upon  the  hearing  of  the  petition  filed  as  provided 
in  this  Act  it  appears  to  the  satisfaction  of  the  court  or  judge 
thereof  that  the  land  in  question  is  more  valuable  for  mining 
than  the  purpose  for  which  the  same  is  being  used,  then  the 
petitioner  or  petitioners  shall  acquire  title  thereto  in  manner 
similar  to  that  prescribed  in  the  Act  to  which  this  Act  is  sup- 
plementary. 

Sec.  5.  In  determining  the  value  of  the  land  as  a  basis  for 
the  compensation  which  the  petitioner  or  petitioners  shall  pay 
to  the  owners  thereof,  the  minerals  therein  contained  shall  not 
be  considered  as  going  to  make  up  the  value,  but  the  value 
which  shall  govern  is  the  reasonable  value  of  the  land  for  the 
use  to  which  the  same  has  previously  been  put,  or  reasonably 
might  be  expected  to  be  put  in  the  future,  by  the  owners 
thereof. 


MINING  LAWS  OF  NEVADA  137 

COUNTY  RECORDERS  ARE  DISTRICT  MINING 
RECORDERS. 

(Revised  Laws  1912,  Sees.  2463-2468.) 

County  Recorders  to  Be  Ex-Officio  District  Mining  Recorders. 

Sec.  1.  In  every  Mining  District  in  this  State,  in  which  the 
seat  of  government  of  any  county  is  situated,  the  County  Re- 
corder of  said  county  shall  be  ex-officio  district  mining  recorder, 
subject  in  the  discharge  of  his  duties  to  such  rules,  regulations 
and  compensations  as  may  be  now  in  force  or  hereafter  pre- 
scribed by  the  mining  laws  of  the  mining  districts  respectively 
to  which  this  Act  is  applicable.  He  shall,  as  such  ex-officio 
mining  recorder,  be  responsible  on  his  official  bond  for  the 
faithful  performance  of  the  duties  of  his  office  and  the  correct 
and  safe  keeping  of  all  the  records  thereof,  and  the  correct  and 
safe  keeping  of  the  copies  of  all  the  records  mentioned  and  re- 
ferred to  in  section  two  of  this  Act. 

Duties  of  Mining  Recorders  to  Certify  and  Transmit  Copies 

Quarterly. 

Sec.  2.  It  shall  be  the  duty  of  each  and  every  mining  record- 
er of  the  several  mining  districts  in  the  state,  on  or  before  the 
first  Monday  in  January,  April,  July  and  October  in  each  year, 
to  transcribe  into  a  suitable  book  or  books,  to  be  provided  for 
that  purpose,  and  to  deposit  and  file  with  the  county  recorders 
of  the  respective  counties  in  which  said  mining  districts  may 
be  located  a  full,  true,  and  correct  copy  of  the  mining  records 
of  the  respective  mining  districts  for  the  three  months  next 
preceding  said  first  Mondays  in  January,  April,  July  and  Oc- 
tober, duly  certified  under  oath;  provided,  this  section  shall 
not  apply  to  the  mining  recorder  created  by  section  1  of  this 
act. 

County  Commissioners  to  Provide  Books. 

Sec.  3.  There  shall  be  provided  by  the  county  commissioners 
of  the  several  counties  in  this  state,  and  furnished  to  each  min- 
ing recorder,  on  his  application,  suitable  books,  into  which  the 
mining  records  mentioned  in  section  2  of  this  act  shall  be 
transcribed. 

Fees  to  Recorders. 

Sec.  4.  The  several  mining  recorders  shall  receive  for  serv- 
ices herein  required  by  section  2  of  this  act,  one  dollar  for  the 
transcript  of  each  claim,  including  the  oath,  which  shall  be 
paid  at  the  time  of  recording  by  the  parties  making  the  loca- 
tions. 

Copies  of  Records  Introduced  in  Court  in  Evidence. 

Sec.  5.  The  certified  copies  of  the  mining  records  certified 
to  be  deposited  and  filed  as  herein  provided,  shall  be  received 


138  MINING  LAWS  OF  NEVADA 

in  evidence,  and  have  the  same  force  and  effect  in  all  courts 
as  the  original. 

Penalty  for  Not  Complying. 

Sec.  6.  Any  person  neglecting  or  refusing  to  comply  with 
the  provisions  of  section  2  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment. 

MINING  RECORDER  AND  RECORDS. 

(Revised  Laws  1912,  Sees.  2469-2474.) 
Duties  of  Mining  Recorders — Duplicate  Notices. 

Section  1.  It  shall  be  the  duty  of  each  and  every  mining 
recorder  of  the  several  mining  districts  of  the  State  to  require 
all  persons  locating  and  recording  a  mining  claim  to  make  a 
duplicate  copy  of  each  and  every  mining  notice,  which  copy 
the  said  mining  recorder  shall  carefully  compare  with  the 
original,  and  mark  "duplicate"  on  its  face  or  margin,  and  he 
shall  immediately  deposit  with  or  transmit  the  same  to  the 
County  Recorders  of  the  respective  counties  in  which  said  min- 
ing district  may  be  located. 
Fee  to  Be  Collected. 

Sec.  2.  The  said  district  mining  recorders,  at  the  time  of 
comparing  said  duplicate  notices  with  the  original,  shall  collect 
from  the  locators  of  said  mining  claims  the  sum  of  one  dollar 
for  each  and  every  notice  compared,  which  sum  he  shall  trans- 
mit, together  with  the  said  duplicate  notices,  to  the  County 
Recorders  of  the  respective  counties  in  which  said  mining 
claims  shall  be  located.  (See  also  end  of  Sec.  9.) 
Duplicates  to  Be  Filed. 

Sec.  3.  Whenever,  owing  to  the  distance  of  the  mining  dis- 
trict from  the  county  seat,  it  becomes  inconvenient  for  the 
district  mining  recorder  to  personally  deposit  the  duplicate 
copy  with  the  County  Recorder,  then  in  that  case  he  may  for- 
ward the  same  by  mail  or  express,  or  such  other  manner  as 
will  insure  safe  transit  and  delivery  to  the  County  Recorder. 
Fees  for  Recording. 

Sec.  4.  The  County  Recorders  of  the  several  counties  shall 
receive  for  their  services  for  recording  each  of  said  duplicate 
notices  mentioned  in  section  two  of  this  Act,  the  sum  of  one 
dollar;  provided,  that  in  case  the  location  is  made  outside  of 
any  organized  mining  district  or  in  the  absence  of  a  mining  re- 
corder in  any  organized  district,  then  the  person  or  persons 
making  location  shall,  within  ninety  days  after  making  such 

s 


MINING  LAWS  OF  NEVADA  139 

location,  transmit  a  duplicate  copy  of  such  notice  to  the.  Re- 
corder of  the  county  in  which  the  location  is  made,  and  the 
Recorder  shall  record  the  same  for  a  fee  of  one  dollar. 

Duplicate  Notice  to  Have  Force. 

Sec.  5.  The  record  of  any  original  or  duplicate  notice  of  the 
location  of  a  mining  claim  in  the  office  of  the  County  Recorder, 
as  herein  provided,  shall  be  received  in  evidence,  and  have  the 
same  force  and  effect  in  the  courts  of  the  State  as  the  original 
mining  district  records. 

Sees.  4  and  5  as  amended  Statutes  1897,  p.  77. 

Penalty. 

Sec.  6.  Any  person  neglecting  or  refusing  to  comply  with 
the  provisions  of  this  Act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  punished  by 
a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  such  fine  and 
imprisonment. 

GRUBSTAKE  CONTRACTS  MUST  BE  RECORDED. 

(Revised  Laws  1912,  Sec.  2475.) 

Section  1.  All  grubstake  contracts  and  prospecting  agree- 
ments hereafter  entered  into  and  which  may  in  any  way  affect 
the  title  of  mining  locations,  or  other  locations  under  the  Min- 
ing Laws  of  this  State,  shall  be  void  and  of  no  effect  except 
between  the  parties  to  said  contract  or  agreement,  unless  the 
instrument  shall  first  have  been  recorded  in  the  office  of  the 
county  recorder  of  the  county  in  which  said  instrument  is  made. 
The  instrument  or  instruments  shall  be  duly  acknowledged  be- 
fore a  notary  public  or  other  person  competent  to  take  acknowl- 
edgments. Grubstake  contracts  and  prospecting  agreements, 
duly  acknowledged  and  recorded  as  provided  for  in  this  act, 
shall  be  prima  facie  evidence  in  all  courts  of  justice  in  this 
State  in  all  cases  wherein  the. title  to  mining  locations  and  other 
locations  under  the  mining  laws  of  this  State  are  in  dispute. 

MAJORITY  OWNERS  OF  MINE  MAY  CHANGE  INTEREST 
OF  MINORITY. 

(Revised  Laws  1912,  Sees.  2476-2482.) 

Mining  Companies  May  Bring  Suit. 

Section  1.  When  three  or  more  persons,  owning  or  claiming 
as  joint  tenants,  tenants  in  common  or  corparceners,  a  majority 
of  the  number  of  feet,  shares,  or  interests  in  any  mining  claim 
in  this  state,  shall  have  formed,  or  shall  hereafter  form  them- 
selves into  a  corporation  or  organized  association,  for  the  pur- 
pose of  working  and  developing  such  mining  claim,  and  shall 


140  MINING  LAWS  OF  NEVADA 

actually  proceed  to  work  and  develop  the  same,  such  corpora- 
tion or  association  may,  without  demand,  except  by  commence- 
ment of  action,  institute  in  any  court  of  competent  jurisdiction, 
suit  in  its  corporate  or  associate  name,  as  upon  an  implied  con- 
tract for  the  payment  of  money,  against  any  person  not  a  stock- 
holder in  or  member  of  such  corporation  or  association  owning 
or  claiming  to  own  in  said  mining  claim  as  joint  tenant,  tenant 
in  common  or  coparcener,  for  his  or  her  proportion  of  the 
money  actually  expended  or  indebtedness  assumed  by  such  cor- 
poration or  association,  in  the  actual  and  necessary  working 
and  development  of  said  mining  claim. 

Money  Expended  or  Indebtedness  Assumed. 

Sec.  2.  The  proportion  of  money  expended  or  indebtedness 
assumed  by  such  corporation  or  association,  and  for  the  pay- 
ment of  which  such  joint  tenant,  tenant  in  common  or  copar- 
cener, is  made  liable  under  the  provisions  of  this  act,  shall  be 
deemed  such  an  amount  of  money  or  indebtedness  as  bears  the 
same  proportion  to  the  whole  amount  of  money  expended  or  in- 
debtedness assumed,  as  the  interest  in  the  mining  claim  owned 
or  claimed  by  such  joint  tenant,  tenant  in  common  or  coparcen- 
er, bears  to  the  whole  of  the  mining  claim. 

Who  May  Join  in  Suit — Issue  of  Facts — Judgment  to  Be  Sep- 
arate. 

Sec.  3.  Any  number  of  such  joint  tenants,  tenants  in  com- 
mon or  coparceners,  may  be  joined  as  parties  defendant  in  any 
suit  instituted  under  the  provisions  of  this  act ;  but  each  de- 
fendant shall  be  entitled  to  plead  separately;  and  when  the 
cause  shall  be  tried  by  jury,  as  many  of  the  separate  issues  of 
fact  as  may  be  agreed  upon  by  the  parties  may  be  determined 
by  the  same  jury.  Judgment  shall  be  rendered  for  or  against 
each  defendant  separately,  and  the  costs  of  suit  may  be  appor- 
tioned among  the  several  parties  defendant,  against  whom 
judgment  may  be  rendered,  in  such  manner  as  to  the  court  may 
appear  just  and  equitable;  provided,  that  in  all  cases  the  de- 
fendant, prior  to  the  institution  of  suit  under  the  provisions  of 
this  act,  shall  be  entitled  to  three  weeks'  notice  of  the  intention 
of  such  corporation  or  association  to  institute  such  suit,  which 
notice  may  be  either  personally  or  by  publication  in  some  news- 
paper published  in  the  county  within  which  such  mining  claim 
is  located ;  and  if  none  be  published  in  said  county,  then  in  the 
nearest  adjoining  county. 

What  Summons  Shall  Specify. 

Sec.  4.  The  summons  shall  specify:  First,  the  amount  of 
money  actually  expended,  or  indebtedness  assumed,  by  such 
corporation  or  association,  in  the  actual  and  necessary  working 
and  development  of  said  mining  claim ;  and,  second,  the  amount 
due  from  each  joint  tenant,  tenant  in  common,  or  coparcener, 


MINING  LAWS  OF  NEVADA  141 

as  his  or  her  proportion  of  such  money  or  indebtedness. 

Where  Suit  to  Be  Brought — Service  of  Summons. 

Sec.  5.  All  suits  instituted  under  the  provisions  of  this  act 
shall  be  brought  in  the  county  within  which  the  mining  claim 
may  be  located;  and  where  the  defendant  is  a  non-resident  of 
the  county  within  which  the  suit  is  brought,  but  a  resident  of 
the  State,  service  of  summons  may  be  had  personally,  as  in 
other  cases,  or  by  publication  in  the  same  manner  as  provided 
by  law  for  service  of  summons  by  publication  where  the  de- 
fendant is  a  non-resident  of  the  State  and  a  resident  of  the 
State  of  California ;  and  all  of  the  provisions  of  law  regulating 
proceedings  in  other  civil  cases  shall,  so  far  as  the  same  are  ap- 
plicable, apply  to  suits  instituted  under  this  act. 

Lien. 

Sec.  6.  The  amount  of  money  expended  or  indebtedness  as- 
sumed, by  such  corporation  or  association,  as  the  proportion 
due  from  such  joint  tenant,  tenant  in  common,  or  coparcener, 
for  the  actual  and  necessary  working  and  development  of  said 
mining  claim,  shall  be  a  lien  in  favor  of  such  corporation  or  as- 
sociation upon  the  interest  of  such  joint  tenant,  tenant  in  com- 
mon, or  coparcener,  in  such  mining  claim,  from  the  time  such 
money  was  expended,  or  indebtedness  assumed,  by  such  cor- 
poration or  association;  which  lien  shall  bind  such  interest 
from  the  time  of  such  payment  or  assumption  as  against  any 
subsequent  purchaser,  mortgagee,  or  other  person  acquiring  a 
lien  upon,  or  title  to,  or  interest  in,  the  same.  Suit  may  be  in- 
stituted against  the  person  owning  or  claiming  such  interest 
at  the  time  of  the  commencement  of  the  action  for  the  recovery 
of  the  whole  amount  due  upon  such  interest ;  and  all  judgments 
rendered  in  any  action  instituted  under  the  provisions  of  this 
act,  and  any  execution  issued  thereon,  shall  bind  and  run 
against  such  interest,  and  no  other  property  of  the  defendant 
shall  be  subject  to  execution  on  said  judgment. 

Sales  to  Be  Absolute. 

Sec.  7.  All  sales  of  any  interest  in  a  mining  claim  under  an 
execution  issued  on  a  judgment  obtained  in  any  suit  instituted 
under  the  provisions  of  this  act  shall  be  absolute,  and  the  pur- 
chaser shall  be  entitled  to  the  immediate  possession  of  the  in- 
terest purchased  by  him  at  such  sale. 

Mallett  v.  Uncle  Sam  G.  &  S.  M.  Co.,  1  Nev.  188. 

RECOVERY  OF  STOLEN  ORE. 

This  Act  provides  that  Assayers,  etc.,  must  keep  record  of 
ore  purchased  and  other  provisions  concerning  recovery  ot 
stolen  ore.  See  Sections  2483-2486,  Revised  Laws  of  1912. 


142  MINING  LAWS  OF  NEVADA 

PURCHASE  OF  ORES. 

For  an  Act  regarding  purchases  of  ores,  see  Laws  of  1907, 
page  365,  or  Sections  2487,  etc.,  Revised  Laws  of  1912. 

STOCKHOLDERS  MAY  INSPECT  MINES. 

Revised  Laws  1912,  Sees.  2492-2496. 

Provisions  for  Inspection  of  Mines  by  Stockholders. 

Section  1.  Any  person  who  shall  be  the  bona  fide  owner  of 
stock  shares  representing  the  value  of  one-fifth  of  one  per 
cent  of  the  original  capital  stock  of  any  company  incorporated 
for  the  purpose  of  working  upon  and  mining  in  any  lode,  ledge, 
deposit,  or  bed  of  the  precious  metals,  or  useful  minerals,  in 
this  state,  and  any  number  of  persons  who  shall  be  bona  fide 
owners  of  an  aggregate  number  of  mining  shares,  amounting 
in  value  to  one-fifth  of  one  per  cent  of  said  capital  stock,  at  the 
time  application  for  a  permit  to  examine  any  such  mine  shall 
be  made,  such  owner  or  owners  of  mining  stock  shall,  upon  a 
written  order  from  the  county  clerk,  or  from  the  justice  of  the 
peace  of  the  county  in  which  such  lode,  ledge,  deposit  or  bed 
is  located,  be  entitled  to  the  privilege  of  fully  examining  all 
of  the  shafts,  adits,  borings,  drifts,  stopes,  hoisting  apparatus, 
and  every  and  all  properties  and  appurtenances  belonging  to 
any  such  mining  company;  provided,  that  not  more  than  one 
owner  of  said  percentage  or  aggregate  percentages  of  such 
mining  stock  shall  either  in  person,  or  by  an  accredited  agent, 
be  entitled  to  such  written  order  for  examination  of  any  speci- 
fied mine  or  mining  property,  oftener  than  twice  in  one  month ; 
these  days  shall,  however,  not  be  more  than  fourteen,  nor  less 
than  fifteen  days  apart.  It  shall  be  the  duty  of  the  superin- 
tendent or  other  person  or  parties  in  charge  of  any  incorpo- 
rated mining  claim,  or  mining  property  in  this  state,  to  keep 
posted  in  some  conspicuous  place  at  or  near  the  mine,  the  day 
of  the  week  in  which  authorized  stockholders  may  be  admitted 
under  the  provisions  of  this  act. 

Registration — Application  for  Privileges — Oath — Fee. 

Sec.  2.  The  county  clerk,  or  justice  of  the  peace,  in  each  of 
the  counties  of  this  state,  shall  keep  in  his  office  a  suitable  book 
of  registration  in  which  he  shall  enter  the  names  of  all  persons 
who  shall  be  entitled  to  the  privileges  granted  by  this  act; 
and  the  county  clerks  or  justices  of  the  peace  of  the  several 
counties  in  this  state  are  hereby  authorized  to  administer  an 
oath  or  affirmation  to  each  and  every  application  for  said  priv- 
ileges ;  and  for  administering  such  oath  or  affirmation,  and  for 
registering  the  name  of  the  applicant,  the  clerk  or  justice  of 


MINING  LAWS  OF  NEVADA  143 

the  peace  shall  receive  a  fee  of  one  dollar,  to  be  paid  by  the 
applicant  at  the  time  of  registration. 

Stock  Certificate  to  be  Presented— Oath  of  Applicant. 

Sec.  3.  Upon  making  applications  as  provided  in  section  2 
of  this  act,  for  the  privilege  of  entering  and  examining  any  of 
the  mining  properties  mentioned  in  section  1  of  this  act,  the 
applicant  shall  present  to  the  county  clerk  or  justice  of  the 
peace,  certificates  of  stock  shares  representing  in  value  one- 
fifth  of  one  per  cent  of  the  original  capital  stock  of  the  com- 
pany, whose  mine  or  mining  property  he  or  she  desires  to  ex- 
amine. Thereupon  the  applicant  shall  make  oath  or  affirmation 
that  the  said  stock  certificate  or  stock  certificates  presented  by 
him  or  her  are  actually  his  or  her  own  property,  or  that  such 
certificates  of  stock  at  the  time  of  presentation  really  belong 
to  the  party  or  parties  whom  he  or  she  is,  under  the  provis- 
ions of  section  1  of  said  act,  authorized  to  represent. 

Order  for  Admission  to  Mine. 

Sec.  4.  Immediately  upon  complying  with  the  provisions  of 
section  3  of  this  act,  it  shall  be  the  duty  of  the  county  clerk,  or 
justice  of  the  peace,  to  furnish  the  applicant  with  a  written  or- 
der for  admission  to  the  mine  and  mining  properties  which  he 
or  she  may  desire  to  examine. 

Penalty  for  Refusal. 

Sec.  5.  Any  mining  superintendent,  or  mining  foreman,  or 
mining  secretary  of  any  incorporated  mining  company  in  this 
state,  acting  under  and  for  such  mining  company,  who  shall  fail 
or  refuse  to  comply  with  any  of  the  conditions  mentioned  in 
section  1  of  this  act,'  shall  for  each  and  every  such  failure  or 
refusal  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion in  any  court  of  competent  jurisdiction,  shall  be  fined  in 
any  sum  not  less  than  one  hundred  ($100)  dollars  and  not  ex- 
ceeding five  hundred  $500)  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  term  not  less  than  thirty  days  and  not  exceed- 
ing six  months,  or  by  both  such  fine  and  imprisonment. 

CONVEYANCE  OF  MINING  CLAIM. 

(Revised  Laws  1912,  Sees.  1088,  1090,  1091,  1100-1104.) 

In  Same  Manner  as  Real  Estate. 

Section  1.  Conveyance  of  mining  claims  shall  hereafter  re- 
quire the  same  formalities  and  be  subject  to  the  same  rules  of 
construction  as  the  transfers  and  conveyances  of  other  real 
estate. 

Hale  &  Norcross  G.  &  S.  M.  Co.  v.  Storey  County  et  al.,  1 
Nev.  104 ;  Phillpotts  v.  Blasdell,  8  Nev.  61 ;  Weill  v.  Lu- 
cerne M.  Co.,  11  Nev.  200 ;  Gruber  v.  Baker,  20  Nev.  453. 


144  MINING  LAWS  OF  NEVADA 

Former  Conveyances  Construed. 

Sec.  2.  All  conveyances  of  mining  claims  heretofore  made 
by  bills  of  sale  or  other  instruments  in  writing,  with  or  with- 
out seals,  recorded  or  unrecorded,  shall  be  construed  in  accord- 
ance with  the  lawful  local  rules,  regulations  and  customs  of  the 
miners  in  the  several  mining  districts  of  this  territory;  and  if 
heretofore  regarded  valid  and  binding  in  such  districts,  shall 
have  the  same  force  and  effect  between  the  parties  thereto,  as 
prima  facie  evidence  of  sale,  as  if  such  conveyances  had  been 
made  by  deed  under  seal. 

How  Proved. 

Sec.  3.  The  location  and  transfers  of  mining  claims  here- 
tofore made,  shall  be  established  and  proved  in  contestation 
before  courts,  by  the  local  rules,  regulations  or  customs  of  the 
miners  in  the  several  mining  districts  of  the  territory  in  which 
such  location  and  transfers  were  made. 

Van  Valkenburg  et  al.  v.  Huff  et  al.,  1  Nev.  142 ;  Mallett 

v.  Uncle  Sam  G.  &  S.  M.  Co.,  1  Nev.  188;  Oreamuno  v. 

Uncle  Sam  G.  &  S.  M.  Co.,  1  Nev.  217;  Smith  et  al.  v. 

North  American  Mining  Co.,  1  Nev.  423 ;  Chase  v.  Savage 

S.  M.  Co.,  2  Nev.  9;  Bullion  M.  Co.  v.  Croesus  G.  &  S. 

M.  Co.,  2  Nev.  168;  Gottschall  et  al.  v.  Melsing  et  al., 

2  Nev.  185. 

Lands  Defined. 

Sec.  4.  The  term  " lands,"  as  used  in  this  Act,  shall  be  con- 
strued as  coextensive  in  meaning  with  lands,  tenements,  and 
hereditaments,  and  shall  include  in  its  meaning  all  possessory 
right  to  the  soil  for  mining  and  other  purposes,  and  the  term 
" estate  and  interest  in  lands,"  shall  be  construed  and  embrace 
every  estate  and  interest,  present  and  future,  vested  and  con- 
tingent, in  lands  as  above  defined. 

Mortgage  to  Be  Recorded. 

Sec.  5.  A  mortgage  for  a  good  and  valuable  consideration 
upon  possessory  claims  to  public  lands,  all  buildings  and  im- 
provements upon  such  lands,  all  quartz  and  mining  claims,  and 
all  such  personal  property  as  shall  be  fixed  in  its  structure  to 
the  soil,  acknowledged  in  manner  and  form  as  mortgages  upon 
real  estate  are  required  by  law  to  be  acknowledged  and  record- 
ed in  the  office  of  the  Recorder  in  the  county  in  which  the 
property  is  situated,  shall  have  the  same  effect  against  third 
persons  as  mortgages  upon  real  estate. 
Capon  v.  Stout,  11  Nev.  304. 

Mining  Rules. 

Sec.  6.  This  Act  shall  not  be  so  construed  as  to  interfere 
or  conflict  with  the  lawful  mining  rules,  regulations,  or  customs 
in  regard  to  the  locating,  holding,  or  forfeiture  of  claims,  but, 


MINING  LAWS  OF  NEVADA  145 

in  all  cases  of  mortgages  of  mining  interests  under  this  Act,  the 
mortgagee  shall  have  the  right  to  perform  the  same  acts  that 
the  mortgagor  might  have  performed  for  the  purpose  of  pre- 
venting a  forfeiture  of  the  same  under  the  said  rules,  regula- 
tions, or  customs  of  mines,  and  shall  be  allowed  such  compensa- 
tion therefor  as  shall  be  deemed  just  and  equitable  by  the  court 
ordering  the  sale  upon  a  foreclosure ;  provided,  that  such  com- 
pensation shall,  in  no  case,  exceed  the  amount  realized  from  the 
claim  by  a  foreclosure  and  sale. 

Deed  of  Minor  Held  Valid — Proviso — Suits  Pending. 

Sec.  7.  In  all  cases  in  this  State  since  the  first  day  of  July, 
A.  D.  eighteen  hundred  and  sixty-seven,  where  minors  over  the 
age  of  eighteen  years  have  sold  interests  acquired  by  them  in 
mining  claims -or  locations  by  virtue  of  their  having  located 
such  claims,  or  having  been  located  therein  by  others  and  have 
executed  deeds  purporting  to  convey  such  interests,  such  deeds, 
if  otherwise  sufficient  in  law,  shall  be  held  valid  and  sufficient 
to  convey  such  interest  fully  and  completely,  notwithstanding 
the  minority  of  the  grantor,  and  without  any  power  or  right  of 
subsequent  revocation ;  provided,  that  this  section  shall  not  ap- 
ply to  cases  where  any  fraud  was  practiced  upon  such  minor, 
or  any  undue  or  improper  advantage  was  taken  by  his  pur- 
chaser or  any  other  person  to  induce  such  minor  to  execute 
such  deed ;  and,  provided  further,  that  this  section  shall  not  ap- 
ply to  or  affect  any  suits  which  may  now  be  pending  in  any 
courts  of  this  State,  in  which  the  legality  or  validity  of  such 
deeds  may  be  involved. 

Minors  Empowered  to  Sell  or  Convey. 

Sec.  8.  All  minors  in  this  State,  over  the  age  of  eighteen 
years,  are  hereby  authorized  and  empowered  to  sell  and  convey 
by  deed  such  interests  as  they  may  have  acquired,  or  may  here- 
after acquire,  in  mining  claims  or  mining  locations  within  this 
State,  by  virtue  of  locating  the  same,  or  being  located  therein, 
and  such  deed  shall,  if  otherwise  sufficient  in  law,  be  held  valid 
and  sufficient  to  convey  such  interest  fully  and  completely,  and 
without  the  right  of  subsequent  revocation,  notwithstanding 
the  minority  of  the  grantor,  subject,  however,  to  the  same  pro- 
visions and  limitations  contained  in  the  first  section  of  this  act. 

PARTITION  OF  MINING  CLAIM. 

(Revised  Laws  1912,  Sees.  5576-5582.) 

Action  for  Partition. 

Section  1.  When  the  action  is  for  partition  of  a  mining 
claim  among  the  tenants  in  common,  joint  tenants,  coparceners 
or  partners  thereof,  the  court,  upon  good  cause  shown  by  any 
party  or  parties  in  interest,  may,  instead  of  ordering  partition 


146  MINING  LAWS  OF  NEVADA 

to  be  made  in  manner  as  hereinbefore  provided,  or  a  sale  of  the 
premises  for  cash,  direct  the  referees  to  divide  the  claim  in  the 
manner  hereinafter  specified. 

Order  of  Court. 

Sec.  2.  The  court  shall,  in  its  order,  or  by  a  subsequent  order 
made  upon  motion,  fix  the  time  for  division  of  the  claim  by  the 
referees,  which  shall  not  be  less  than  twenty  nor  more  than 
forty  days  from  the  day  of  making  the  order,  excep.  by  consent 
of  all  the  parties  in  interest  who  have  appeared  in  the  action. 

To  Go  on  Claim. 

Sec.  3.  On  the  day  designated  in  the  order,  the  referees 
shall  go  upon  the  claim  to  be  divided,  and  proceed  to  make 
division  of  the  same  as  hereinafter  provided,  and  shall  continue 
from  day  to  day  until  the  whole  business  is  completed. 

Parties  May  Unite. 

Sec.  4.  Two  or  more  of  the  tenants  in  common,  joint  tenants, 
copartners  or  parceners,  may  unite  together  for  the  purposes 
of  such  division,  of  which  they  shall  give  the  referees  written 
notice  before  they  commence  the  business  of  division;  and  all 
who  do  not  unite  as  aforesaid,  or  give  notice  of  separate  action, 
shall,  for  the  purposes  of  division,  be  deemed  and  held  to  have 
united.  The  referees  in  their  action  shall  recognize  those 
named  in  the  order  of  the  court,  or  their  agents  and  attorneys 
in  fact,  duly  appointed  by  instrument  in  writing  under  seal, 
and  acknowledged  as  in  cases  of  conveyances  of  real  estate,  the 
guardian  of  an  infant,  and  the  guardian  entitled  to  the  custody 
and  management  of  the  estate  of  an  insane  person  or  other  per- 
son adjudged  incapable  of  conducting  his  own  affairs,  and  as  to 
the  interest  of  each,  shall  be  controlled  entirely  by  the  order  of 
the  court. 

To  Select  Place  of  Location. 

Sec.  5.  At  the  time  and  place  of  division,  one  of  the  referees 
to  be  selected  by  them  shall,  in  the  manner  of  public  auction, 
offer  to  the  party  or  parties  who  will  take  the  least  part  or 
portion  of  said  mining  claim  in  proportion  to  the  interest  he  or 
they  may  have  therein,  the  privilege  of  first  selecting  the  place 
at  which  his  portion  shall  be  located,  and  upon  closing  the  bids 
the  referees  shall  proceed  to  measure  and  mark  off,  by  distinct 
metes  and  bounds,  to  the  lowest  bidder,  his  or  their  portion  of 
said  mining  claim,  at  the  place  designated  by  them  or  him,  ac- 
cording to  the  terms  of  his  or  their  bid. 

Duties  of  Referees. 

Sec.  6.  When  the  referees  have  marked  off  and  set  apart  the 
interest  of  the  lowest  bidder,  as  provided  in  the  last  section, 
they  shall  offer  to  the  remaining  parties  the  privilege  of  selec- 


MINING  LAWS  OF  NEVADA  147 

tion  as  in  said  section  mentioned  and  described,  and  shall,  upon 
closing  the  bids,  proceed  in  the  same  manner  to  locate  and  mark 
off  the  portion  of  the  lowest  bidder,  and  shall  thereafter  con- 
tinue in  the  same  manner  to  receive  bids  and  mark  off  the  in- 
terest of  the  bidder  or  bidders  until  there  shall  remain  but  one 
party  in  interest,  or  parties  united,  forming  one  interest,  as 
provided  in  section  four. 

Parties  Remaining. 

Sec.  7.  The  party  or  parties  remaining  as  provided  in  the 
last  section,  shall  become  the  owner  or  owners,  as  the  case  may 
be,  of  the  entire  claim  not  marked  off  and  set  apart  to  other 
parties  as  hereinbefore  provided,  in  proportion  to  their  respect- 
ive interests  in  the  claim. 

To  Be  Returned. 

Sec.  8.  The  referees  shall  return  with  their  report  in  this 
act  required  to  be  made  by  them,  the  evidences  of  authority 
presented  to  them  by  which  they  claim  the  right  to  bid,  or 
otherwise  act,  during  the  proceedings  hereinbefore  mentioned. 


DAMAGE  TO  OR  TRESPASS  ON  MINING  CLAIM. 

(Revised  Laws  1912,  Sees.  5509-5511.) 

Manner  of  Working  Mine — Damages,  How  Assessed. 

Section  1.  Any  person  or  persons,  company  or  corporation, 
being  the  owner  or  owners  of,  or  in  possession  under  any  lease 
or  contract  for  the  working  of  any  mine  or  mines  within  the 
State  of  Nevada,  shall  have  the  right  to  institute  and  maintain 
an  action,  as  provided  by  law,  for  the  recovery  of  any  damages 
that  may  accrue  by  reason  of  the  manner  in  which  any  mine  or 
mines  have  been  or  are  being  worked  and  managed  by  any  per 
son  or  persons,  company  or  corporation,  who  may  be  the  owner 
or  owners,  or  in  possession  of  and  working  such  mine  or  mines 
under  a  lease  or  contract,  and  to  prevent  the  continuance  of 
working  and  managing  such  mine  or  mines  in  such  manner  as 
to  hinder,  injure  or  in  any  wise  endanger  the  safety  of  any  mine 
or  mines  adjacent  or  adjoining  therto.  And  any  such  owner 
of,  or  in  the  possession  of  any  mine  or  mining  claim,  who  shall 
enter  upon  or  into,  in  any  manner,  any  mine  or  mining  claim, 
the  property  of  another,  and  mine,  extract,  excavate  or  carry 
away  any  valuable  mineral  therefrom,  shall  be  liable  to  the 
owner  or  owners  of  any  such  mine  or  mines  trespassed  upon  in 
the  amount  of  the  value  of  all  such  mineral  mined,  extracted, 
excavated,  or  carried  away,  and  for  all  other  damages,  and  in 
the  absence  of  a  showing  to  the  contrary,  the  value  of  all  such 
mineral  mined,  extracted,  excavated  or  carried  away  shall  be 
presumed  to  be  twice  the  amount  of  the  gross  value  of  the 
same,  ascertained  by  an  average  assay  of  the  excavated  ma- 


148  MINING  LAWS  OF  NEVADA 

terial  or  the  ledge  from  which  it  is  taken,  and  provided  that 
if  such  trespass  was  made  in  bad  faith,  such  damages  may  be 
trebled. 

Lien  of  Judgment  and  Continuation  Thereof. 

Sec.  2.  Any  judgment  obtained  for  damages  under  the  pro- 
visions of  this  act  shall  become  a  lien  upon  all  the  property  of 
the  judgment  debtor  or  debtors,  not  exempt  from  execution,  in 
the  State  of  Nevada,  owned  by  him,  her,  or  them,  or  which 
may  afterwards  be  acquired,  as  is  now  provided  for  by  law, 
which  lien  shall  continue  two  years,  unless  the  judgment  be 
sooner  satisfied. 

Survey  May  be  Applied  For — What  Affidavit  Shall  State — 
Notice  of  Application,  and  How  Served — Order  of  Court — 
Costs. 

Sec.  3.  Any  person  or  persons  named  in  the  first  two  sec- 
tions of  this  act,  shall  have  the  right  to  apply  for  and  obtain 
from  any  District  Court,  or  the  judge  thereof,  within  this 
State,  an  order  of  survey  in  the  following  manner :  An  appli- 
cation shall  be  made  by  filing  the  affidavit  of  the  person  making 
the  application,  which  affidavit  shall  state,  as  near  as  can  be 
described,  the  location  of  the  mine  or  mines  of  the  parties  com- 
plained of,  and  as  far  as  known,  the  names  of  such  parties: 
also,  the  location  of  the  mine  or  mines  of  the  parties  making 
such  application,  and  that  he  has  reason  to  believe,  and  does  be- 
lieve, that  the  said  parties  complained  of,  their  agents  or  em- 
ployees, are  or  have  been  trespassing  upon  the  mine  or  mines 
of  the  party  complaining,  or  are  working  their  mine  in  such 
manner  as  to  damage  or  endanger  the  property  of  the  affiant. 
Upon  the  filing  of  the  affidavit  as  aforesaid,  the  court  or  judge 
shall  cause  a  notice  to  be  given  to  the  party  complained  of,  or 
the  agent  thereof,  which  notice  shall  state  the  time,  place,  and 
before  whom  the  application  will  be  heard,  and  shall  cite  the 
party  to  appear  in  not  less  than  five  nor  more  than  ten  days 
from  the  date  thereof,  to  show  cause  why  an  order  of  survey 
should  not  be  granted ;  and  upon  good  cause  shown,  the  court  or 
judge  shall  grant  such  order,  directed  to  some  competent  sur- 
veyor or  surveyors,  or  to  some  competent  mechanics,  or 
miners,  or  both,  as  the  case  may  be,  who  shall  proceed  to  make 
the  necessary  examination  as  directed  by  the  court,  and  report 
the  result  and  conclusions  to  the  court  which  report  shall  be 
filed  with  the  clerk  of  said  court.  The  costs  of  the  order  and 
survey  shall  be  paid  by  the  persons  making  the  application, 
unless  such  parties  shall  subsequently  maintain  an  action  and 
recover  damages,  as  provided  for  in  the  first  two  sections  of 
this  act,  by  reason  of  a  trespass  or  damage  done  or  threatened 
prior  to  such  survey  or  examination  having  been  made,  and  in 
that  case,  such  costs  shall  be  taxed  against  the  defendant  as 
other  costs  in  the  suit.  The  parties  obtaining  such  survey 


MINING  LAWS  OF  NEVADA  149 

shall  be  liable  for  any  unnecessary  injury  done  to  the  property 
in  the  making  of  such  survey. 

Rogers  v.  Cooney,  7  Nev.  213;  Waters  v.  Stevenson,  13 
Nev.  157;  Patchen  v.  Kelley,  19  Nev.  404. 

TRESPASS  ON  PATENTED  MINING  GROUND. 

Statutes  1901,  p.  118. 
Trespassing  a  Misdemeanor. 

Section  1.  Any  person  or  persons  knowingly  and  unlawfully 
trespassing  upon  any  mining  ground  for  which  a  United  States 
mineral  patent  has  been  issued  shall  be  guilty  of  a  misdemeanor. 

Sec.  2.  Any  person  or  persons  knowingly  and  unlawfully 
entering  and  trespassing  upon  any  mining  ground  for  which 
a  United  States  mineral  patent  has  been  issued,  and  removes 
therefrom  any  soil,  substance,  or  mineral  of  any  kind  or  char- 
acter whatever  or  interferes  in  any  manner  with  the  workings 
of  said  patented  mine,  or  places  in  any  shaft,  cut,  tunnel  or 
workings  of  said  patented  mine  any  obstruction  to  the  develop- 
ment or  free  use  and  occupancy  of  the  same  by  the  lawful  own- 
ers or  their  legal  agents  or  representatives,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  the  sum  of  three  hundred  dollars  or  imprisoned  in  the 
county  jail  for  the  term  of  six  months,  or  by  both  such  fine  and 
imprisonment. 

Applies  to  Esmeralda  County. 

Sec.  3.  The  provisions  of  this  Act  shall  only  apply  to  coun- 
ties that  cast  between  400  and  425  votes  for  Members  of  Con- 
gress, at  the  general  election  held  in  1900. 

STATUTE  OF  LIMITATIONS. 

(Revised  Laws  1912,  Sec.  4951.) 

Recovery  of  Mining  Claims. 

Section  4.  No  action  for  the  recovery  of  mining  claims,  or 
for  the  recovery  of  the  possession  thereof,  shall  be  maintained, 
unless  it  shall  appear  that  the  plaintiff,  or  those  through  or 
from  whom  he  claims,  were  seized  or  possessed  of  such  mining 
claim,  or  were  the  owners  thereof,  according  to  the  laws  and 
customs  of  the  district  embracing  the  same,  within  two  years 
before  the  commencement  of  such  action.  Occupation  and  ad- 
verse possession  of  a  mining  claim  shall  consist  in  holding  and 
working  the  same,  in  the  usual  and  customary  mode  of  holding 
and  working  similar  claims  in  the  vicinity  thereof.  All  the 
provisions  of  this  act,  which  apply  to  other  real  estate,  so  far  as 
applicable,  shall  be  deemed  to  include  and  apply  to  mining 
claims;  provided,  that  in  such  application  "two  years "  shall  be 


150  MINING  LAWS  OF  NEVADA 

held  to  be  the  period  intended  whenever  the  term  "five  years" 
is  used;  and,  provided  further,  that  when  the  term  "legal  title" 
or  "title"  are  used,  they  shall  be  held  to  include  title  acquired 
by  location  or  occupation,  according  to  the  usages,  laws,  and 
customs  of  the  district  embracing  the  claim. 

Bullion  M.  Co.  v.  Croesus  G.  &  S.  M.  Co.,  2  Nev.  169 ;  Gott- 
schall  v.  Melsing,  2  Nev.  185 ;  The  420  Mining  Co.  v.  Bul- 
lion Mining  Co.,  9  Nev.  240 ;  Abernathie  v.  Con.  Virginia 
Mining  Company,  16  Nev.  261. 

LIEN— EXEMPTION— INJUNCTION. 

(Revised  Laws  1912,  Sees.  5492,  2213,  5288,  5145.) 

Preferred  Lien. 

Section  1.  Where  ore  is  delivered  to  a  custom  mill  or  re- 
duction works,  and  either  sold  to  said  mill  or  reduction  works, 
or  worked  at  a  percentage,  the  party  or  parties  so  furnishing 
ore  to  mill  or  reduction  works  shall  have  a  preferred  lien  upon 
the  bullion  product,  and  upon  the  ore  not  reduced,  as  against 
attachment  and  other  creditors. 

Lien  on  Mine  for  Wages  and  Material. 

Sec.  2.  All  miners,  laborers  and  others  who  work  or  labor  to 
the  amount  of  five  (5)  dollars  or  more  in  or  upon  any  mine,  or 
upon  any  shaft,  tunnel,  adit,  or  other  excavation,  designed  or 
used  for  the  purpose  of  prospecting,  draining  or  working  any 
such  mine;  and  all  persons  who  shall  furnish  any  timber  or 
other  material  of  the  value  of  five  (5)  dollars  or  more,  to  be 
used  in  or  about  any  such  mine,  whether  done  or  furnished  at 
the  instance  of  the  owner  of  such  mine  or  his  agent,  shall  have, 
and  may  each  respectively  claim  and  hold,  a  lien  upon  such 
mine  for  the  amount  and  value  of  the  work  or  labor  so  perform- 
ed, or  material  furnished ;  and  every  contractor,  sub-contractor, 
architect,  builder,  or  other  persons,  having  charge  or  control  of 
any  mining  claim,  or  any  part  thereof,  or  of  the  construction, 
alteration  or  repair,  either  in  whole  or  in  part,  of  any  building 
or  other  improvement,  as  aforesaid,  shall  be  held  to  be  the 
agent  of  the  owner,  for  the  purposes  of  this  chapter. 

Miner's  Property  Exempt  from  Execution. 

Sec.  3.  The  cabin  or  dwelling  of  a  miner,  not  exceeding  in 
value  the  sum  of  five  hundred  dollars;  also  his  sluices,  pipes, 
hose,  windlass,  whim,  derrick,  cars,  pumps,  tools,  implements, 
and  appliances  necessary  for  carrying  on  any  kind  of  mining 
operations,  not  exceeding  in  value  the  aggregate  sum  of  five 
hundred  dollars,  and  two  horses,  mules,  or  oxen,  with  their 
harness,  and  food  for  such  horses,  oxen  or  mules  for  one  month, 
when  necessary  for  use  by  him  in  working  any  mining  claim 


MINING  LAWS  OF  NEVADA  151 

or  in  prospecting  for  minerals  or  when  necessary  to  be  used 
for  any  whim,  windless,  derrick,  car,  pump,  or  hoisting  appa- 
ratus, and  also  his  mining  claim  actually  worked  by  him  not 
exceeding  in  value  the  sum  of  One  Thousand  dollars. 

Injunction  on  Working  of  Mine. 

Sec.  4.  If,  upon  the  hearing  of  an  application  for  an  injunc- 
tion, or  for  the  dissolution  of  an  injunction,  it  does  not  satis- 
factorily appear  that  there  is  a  sufficient  cause  for  an  injunc- 
tion, or  if  it  appear  that  the  extent  of  the  injunction  is  too 
great,  it  shall  be  refused,  dissolved,  or  modified,  as  the  case 
may  be,  and  upon  all  such  applications  in  actions  respecting 
mines,  the  court  or  judge  hearing  the  same  may,  instead  of 
granting  or  continuing  the  injunction,  make  an  order  requiring 
the  party  against  whom  the  application  is  made  to  give  a  bond 
in  an  amount  fixed  by  such  court  or  judge,  with  sufficient 
sureties,  to  be  approved  by  such  court  or  judge,  conditioned 
for  the  payment  to  the  plaintiff  of  all  damages  which  he  may 
sustain  by  reason  of  the  use  or  occupation  of  the  mine,  or  other 
acts  complained  of,  by  the  party  giving  the  bond,  his  or  its 
agents,  servants,  employees,  grantees,  or  other  persons  by  his 
or  its  consent  pending  the  litigation,  if  the  plaintiff  finally  re- 
cover; or  that  upon  failure  to  give  such  bond  within  the  time 
prescribed  in  the  order,  the  injunction  shall  be  granted,  or  con- 
tinued, as  the  case  may  be ;  or  the  court  or  judge  may  appoint 
a  receiver  to  take  charge  of  the  mine,  or  the  proceeds  thereof, 
pending  the  litigation. 

PROTECTION  OP  EMPLOYEES. 

Statutes  1903,  p.  34. 

Limiting  Use  of  Collars,  Sleeves  or  Pulleys  on  Shafting  Ma- 
chinery. 

Section  1.  It  shall  be  unlawful  for  any  person,  company  or 
corporation,  after  the  first  day  of  July,  nineteen  hundred  and 
three,  to  construct  or  place  any  shaft  or  shafting  with  collars, 
sleeves  or  pulleys  over  two  feet  in  diameter  attached  or  secured 
to  such  shaft  by  set  screws  projecting  above  the  hub  of  such 
collars,  sleeves  or  pulleys.  In  all  such  cases  where  set  screws 
are  used,  the  heads  thereof  shall  be  countersunk  below  the  sur- 
face of  the  hub  of  the  collar,  sleeve  or  pulley  in  which  they  are 
placed. 

Misdemeanor — Penalty. 

Sec.  2.  Any  person  or  corporation  who  shall,  after  the  first 
day  of  July,  1903,  fail  or  refuse  to  comply  with  the  require- 
ments of  this  Act,  when  constructing  or  changing  any  ma- 
chinery, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 


152  MINING  LAWS  OF  NEVADA 

thereof  shall  be  fined  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars. 

Not  to  Prevent  Recovery  of  Damages. 

Sec.  3.  Nothing  contained  in  this  Act  shall  be  so  construed 
as  to  prevent  recovery  in  a  suit  for  damages,  for  injuries  sus- 
tained by  the  party  so  injured  or  his  heirs  or  administrators. 

CAGE  TO  BE  USED  IN  SHAFT. 
Cages  to  Be  Provided  by  Mining  Companies. 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons, 
company  or  companies,  corporation  or  corporations,  to  sink  or 
work  through  any  vertical  shaft,  at  a  greater  depth  than  three 
hundred  and  fifty  feet,  unless  the  said  shaft  shall  be  provided 
with  an  iron-bonneted  safety  cage,  safety  crosshead  or  safety 
skip,  to  be  used  in  the  lowering  and  hoisting  of  the  employees 
of  such  person  or  persons,  company  or  companies,  corporation 
or  corporations.  The  safety  apparatus  shall  be  securely  fast- 
ened to  the  cage,  crosshead  or  skip,  and  shall  be  of  sufficient 
strength  to  hold  the  cage,  crosshead  or  skip  loaded  at  any 
depth  to  which  the  shaft  may  be  sunk;  provided,  that  where 
safety  crosshead  is  used  for  other  than  sinking  purposes  the 
same  shall  be  equipped  with  gates  as  provided  by  law  for 
cages;  and  provided  further,  that  where  skips  are  used  for 
other  than  sinking  purposes  platforms  for  men  to  stand  on 
when  being  hoisted  or  lowered  shall  be  placed  in  said  skip  not 
less  than  four  feet  from  top  of  same  and  that  an  overhead  bar 
be  provided  for  the  men  to  hold  to.  In  any  shaft  less  than 
three  hundred  and  fifty  feet  deep  where  no  safety  cage,  safety 
crosshead  or  safety  skip  is  used  and  where  crosshead  or  cross- 
heads  are  used,  platforms  for  employees  to  ride  upon  in  lower- 
ing and  hoisting  said  employees  shall  be  placed  above  said 
crosshead  or  crossheads.  Any  person  or  persons,  company  or 
companies,  corporation  or  corporations  or  the  managing  agent 
of  any  person  or  persons,  company  or  companies,  corporation 
or  corporations,  violating  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  the  sum  of  five  hundred  dollars,  or  im- 
prisonment in  the  county  jail  for  a  term  of  six  months,  or  by 
both  such  fine  and  imprisonment. 

Approved  March  26,  1913,  pp.  422,  423. 

Failure  to  Comply — Penalties. 

Sec.  2.  Any  person  or  persons,  company  or  companies,  cor- 
poration or  corporations,  or  the  managing  agent  of  any  person 
or  persons,  company  or  companies,  corporation  or  corporations, 
violating  the  provisions  of  this  Act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in 


MINING  LAWS  OF  NEVADA  153 

the  sum  of  five  hundred  dollars,  or  imprisoned  in  the  county 
jail  for  the  term  of  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

Damages  to  Be  Recovered. 

Sec.  3.  Nothing  contained  in  this  act  shall  be  so  construed 
as  to  prevent  recovery  being  had  in  a  suit  for  damages  for  in- 
juries sustained  by  the  party  so  injured,  or  his  heir  or  adminis- 
trator or  administratrix,  or  any  one  else  now  competent  to  sue 
in  an  action  of  such  character. 

Patnode  v.  Harter,  20  Nev.  303. 

LIABILITY  OF  OWNER  OF  SHAFT. 

Safeguards  to  Be  Erected. 

Section  1.  Any  person  or  persons,  company  or  corporation, 
who  shall  hereafter  dig,  sink  or  excavate,  or  cause  the  same  to 
be  done,  or  being  the  owner  or  owners,  or  in  the  possession, 
under  any  lease  or  contract  of  any  shaft,  excavation,  or  hole, 
whether  used  for  mining  or  otherwise,  or  whether  dug,  sunk  or 
excavated  for  the  purpose  of  mining,  to  obtain  water,  or  for  any 
other  purpose,  within  this  State,  shall,  during  the  time  they 
may  be  employed  in  digging,  sinking  or  excavating,  or  after 
they  may  have  ceased  work  upon  or  abandoned  the  same,  erect, 
or  cause  to  be  erected,  good  and  substantial  fences,  or  other 
safeguards,  and  keep  the  same  in  good  repair,  around  such 
works  or  shafts,  sufficient  to  securely  guard  against  danger  to 
persons  and  animals  from  falling  into  such  shafts  or  excava- 
tions. 

Notices  of  Violation  of  Preceding  Section  May  Be  Filed. 

Sec.  2.  Any  person  being  a  resident  of  the  county,  and 
knowing,  or  having  reason  to  believe,  that  the  provisions  of 
section  one  of  this  act  are  being  or  have  been  violated  within 
such  county,  may  file  a  notice  with  any  justice  of  the  peace  or 
police  judge  therein,  which  notice  shall  be  in  writing,  and  shall 
state  :  First — The  location,  as  near  as  may  be,  of  the  hole,  exca- 
vation or  shaft.  Second — That  the  same  is  dangerous  to  per- 
sons or  animals,  and  has  been  left,  or  is  being  worked,  contrary 
to  the  provisions  of  this  act.  Third — The  name  of  the  person 
or  persons,  company  or  corporation,  who  is  or  are  the  owners 
of  the  same,  if  known,  or  if  unknown,  the  persons  who  were 
known  to  be  employed  therein.  Fourth — If  abandoned,  and  no 
claimant;  and,  Fifth — The  estimated  cost  of  fencing  or  other- 
wise securing  the  same  against  any  avoidable  accident. 

Judge  to  Issue  Order. 

Sec.  3.  Upon  the  filing  of  the  notice,  as  provided  for  in  the 
preceding  section,  the  justice  of  the  peace,  or  judge  of  the  po- 
lice court,  shall  issue  an  order,  directed  to  the  sheriff  of  the 


154  MINING  LAWS  OF  NEVADA 

county,  or  to  any  constable  or  city  marshal  therein,  directing 
such  officer  to  serve  a  notice,  in  manner  and  form  as  is  pre- 
scribed by  law  for  service  of  summons  upon  any  person  or  per- 
sons, or  the  authorized  agent  or  agents,  of  any  company  or 
corporation  named  in  the  notice  on  file,  as  provided  in  section 
two  of  this  act. 

What  Notice  Shall  Require. 

Sec.  4.  The  notice  thus  served  shall  require  the  said  persons 
to  appear  before  the  justice  or  judge  issuing  the  same,  at  a  time 
to  be  stated  therein,  not  more  than  ten  nor  less  than  three  days 
from  the  service  of  said  notice,  and  show,  to  the  satisfaction  of 
the  court,  that  the  provisions  of  this  act  have  been  complied 
with,  or  if  he  or  they  fail  to  appear,  judgment  will  be  entered 
against  him  or  them  for  double  the  amount  stated  in  the  notice 
on  file;  and  all  proceedings  had  therein  shall  be  as  prescribed 
by  law  in  civil  cases ;  and  such  persons,  in  addition  to  any  judg- 
ment that  may  be  rendered  against  them,  shall  be  liable  and 
subject  to  a  fine,  not  exceeding  the  sum  of  one  hundred  dollars 
for  each  and  every  violation  of  the  provisions  of  this  act,  which 
judgments  and  fines  shall  be  adjudged  and  collected  as  pro- 
vided for  by  law. 

Suits  to  Be  in  the  Name  of  the  State. 

Sec.  5.  Suits  commenced  under  the  provisions  of  this  act 
shall  be  in  the  name  of  the  State  of  Nevada,  and  all  judgments 
and  fines  collected  shall  be  paid  into  the  county  treasury  for 
county  purposes. 

County  Commissioners  Shall  Fence  Abandoned  Excavations. 

Sec.  6.  If  the  notice  filed  with  the  justice  of  the  peace  or 
police  judge,  as  aforesaid,  shall  state  that  the  excavation,  shaft 
or  hole  has  been  abandoned,  and  no  person  claims  the  owner- 
ship thereof,  said  justice  of  the  peace,  or  judge,  shall  notify  the 
board  of  county  commissioners  of  the  county,  or  either  of  them, 
of  the  location  of  the  same,  and  they  shall,  as  soon  as  possible 
thereafter,  cause  the  same  to  be  so  fenced  or  otherwise  guarded 
as  to  prevent  accidents  to  persons  or  animals ;  and  all  expenses 
thus  incurred  shall  be  paid,  first,  out  of  the  fines  and  judg- 
ments collected  in  accordance  with  the  provisions  of  this  act, 
as  other  county  expenses;  provided,  that  nothing  herein  con- 
tained shall  be  so  construed  as  to  compel  the  county  commis- 
sioners to  fill  up,  fence  or  otherwise  guard  any  shaft,  excava- 
tion or  hole  unless  in  their  discretion  the  same  may  be  con- 
sidered dangerous  to  persons  or  animals. 

LEGAL  DAY'S  WORK. 

(Revised  Laws  1912,  Sees.   6554-6556.) 
Eight  Hours  a  Legal  Day's  Labor  in  Underground  Mines. 
Section  1.     The  period  of  employment  of  working  men  in  all 


MINING  LAWS  OF  NEVADA  155 

underground  mines  or  workings  shall  be  eight  (8)  hours  per 
day,  except  in  cases  of  emergency  where  life  or  property  is  in 
imminent  danger. 

Same  in  Smelters,  Etc. 

Sec.  2.  The  period  of  employment  of  working  men  in  smelt- 
ers and  in  all  other  institutions  for  the  reduction  or  refining 
of  ores  or  metals  shall  be  eight  (8)  hours  per  day,  except  in 
cases  of  emergency  where  life  or  property  is  in  imminent 
danger. 

Misdemeanor — Penalty. 

Sec.  3.  Any  person  who  violates  either  of  the  preceding  sec- 
tions of  this  Act,  or  any  person,  corporation,  employer  or  his 
or  its  agent,  who  hires,  contracts  with,  or  causes  any  person  to 
work  in  an  underground  mine  or  other  underground  workings, 
or  in  a  smelter  or  any  other  institution  or  place  for  the  reduc- 
tion or  refining  of  ores  or  metals  for  a  period  of  time  longer 
than  eight  (8)  hours  during  one  day  unless  life  and  property 
shall  be  in  imminent  danger  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  ($100)  dollars,  nor  more  than  five  hun- 
dred ($500)  dollars,  or  imprisonment  in  the  county  jail  not 
more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

HOURS  IN  OPEN-CUT  WORK. 

Revised  Laws  1912,  Sees.  6557-6558.) 

Eight  Hours  a  Day's  Work  in  Certain  Mines. 

Section  1.  The  period  of  employment  of  working  men  in 
open-pit  and  open-cut  mines  shall  not  exceed  eight  (8)  hours 
in  any  twenty-four  (24)  hours,  except  in  cases  of  emergency 
where  life  or  property  is  in  imminent  danger. 

Penalty  for  Violation. 

Sec.  2.  Any  person  who  violates  any  provisions  of  section 
one  of  this  Act,  or  any  person,  persons,  corporation,  employer, 
or  his  agent,  who  hires,  contracts  with,  or  causes  any  person 
to  labor  in  any  open-pit  or  open-cut  mines,  for  a  period  of 
time  longer  than  eight  (8)  hours  within  any  twenty-four  hours, 
except  in  cases  of  emergency  where  life  or  property  is  in  immi- 
nent danger,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  ($100)  or  more  than  five  hundred  dollars 
($500),  or  by  imprisonment  in  the  county  jail  for  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment. 

MINERAL  LAND  COMMISSIONER. 

(Revised  Laws  1912,  Sees.  4141-4147.) 
This  law  provides  that  Attorney-General  shall  be  ex-officio 


156  MINING  LAWS  OF  NEVADA 

Mineral  Land  Commissioner,  and  shall  see  that  no  mineral 
lands  shall  be  patented  on  agricultural  entries.  Too  long  for 
this  book.  See  page  39,  Session  Laws  of  Nevada,  of  1907.  Also 
Chapter  213,  Session  1915. 

TAXATION. 

For  the  laws  of  taxation  on  proceeds  of  mining  claims  see 
Revised  Laws  of  1912,  Sees.  3699,  etc. 

EMINENT  DOMAIN. 

For  what  purposes  right  of  eminent  domain  may  be  used 
(See  Revised  Laws  of  1912,  Sees.  5606,  etc. 

INSPECTOR  OF  MINES. 

(Revised  Laws  1912,  Sees.  4198  etc.) 

Inspector  of  Mines  Created. 

Section  1.  The  office  of  Inspector  of  Mines  for  the  State  of 
Nevada  is  hereby  created. 

Salary  and  Expenses — Term  of  Office — Bond. 

Sec.  2.  The  Inspector  of  Mines  shall  receive  as  full  compen- 
sation for  his  services  a  salary  of  thirty-six  hundred  ($3,600) 
dollars  per  annum  and  his  necessary  traveling  expenses  when 
traveling  in  the  discharge  of  his  official  duties,  not  to  exceed 
eighteen  hundred  ($1,800)  dollars  per  annum,  and  all  necessary 
expenses  for  clerk  hire,  postage,  stationery,  printing  and  other 
office  expenses,  not  to  exceed  twelve  hundred  ($1,200)  dollars 
per  annum ;  and  such  compensation  and  expenses  shall  be  paid 
as  the  salary  and  expenses  of  other  State  officers  are  paid.  He 
shall  hold  his  office  for  the  term  of  two  years,  or  until  his  suc- 
cessor is  selected  and  qualified.  Before  entering  upon  the  dis- 
charge of  his  duties,  as  such  Inspector  of  Mines,  he  shall  file 
an  official  bond  in  the  sum  of  ten  thousand  ($10,000)  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  in  form  and  manner  as  other  official  bonds  of  State 
officers. 

(Sec.  43  of  this  fixes  term  of  office  4  years) 

Not  to  be  Connected  With  Any  Mining  Corporation — Form  of 
Oath. 

Sec.  3.  The  Inspector  of  Mines  shall  not  at  the  time  of  his 
appointment,  or  at  any  time  during  the  term  of  his  office,  be 
an  officer,  director  or  employee  in  or  of  any  mining  corpora- 
tion in  this  State,  or  in  or  of  any  milling  corporation  in  the 
State  engaged  in  the  business  of  smelting  or  reducing  ores, 
and  each  Inspector  and  deputies  shall,  and  each  of  them,  have 
had  at  least  seven  years'  actual  experience  in  underground 


MINING  LAWS  OF  NEVADA  157 

workings,  and  shall  make  his  affidavit  before  a  proper  officer 
to  that  effect  before  he  shall  be  qualified  to  act  as  such  In- 
spector, or  Deputy  Inspector,  as  herein  provided.  And  such 
Inspector  shall  devote  his  whole  time  to  the  duties  of  his  of- 
fice, and  shall  take  and  subscribe  to  the  following  oath : 

STATE  OF  NEVADA,  )   « 
County  of J  k 

I, ,  of County,  do  solemnly  swear 

that  I  will  perform  each  and  every  duty  required  of  me  as 
Inspector  of  Mines  for  the  State  of  Nevada;  that  I  will  at  all 
times  while  acting  in  my  official  capacity  fulfill  the  duties  of 
such  office  according  to  the  law  and  to  the  best  of  my  skill 
and  understanding ;  that  I  will  never  at  any  time  while  holding 
the  office  of  Inspector  of  Mines  disclose  to  any  one,  directly  or 
indirectly,  under  any  circumstances  any  information  relative 
to  ore  bodies,  shoots  or  deposits  of  ore  or  the  location,  course 
or  character  of  underground  workings,  or  give  my  opinion 
founded  on  any  examination  made  in  the  performance  of  my 
official  duties  relative  to  the  value  of  any  mine  or  mining 
property,  unless  by  permission  of  the  person  or  persons  in 
charge  of  same.  To  all  of  which  I  pledge  my  sacred  honor. 
So  help  me,  God. 

Nothing  in  said  oath,  however,  shall  be  construed  to  prevent 
such  Mining  Inspector  from  making  full  and  complete  statis- 
tical reports  as  required  by  law. 

Mines  to  be  Inspected  at  Least  Once  Annually. 

Sec.  4.  It  shall  be  the  duty  of  the  Inspector  of  Mines  at 
least  once  a  year,  to  visit  in  person  each  mining  county  in  the 
State  of  Nevada  and  examine  all  such  mines  therein  as,  in  his 
judgment,  may  require  the  examination  for  the  purpose  of  de- 
determining  the  condition  of  such  mines  as  to  safety,  and  said 
inspector  of  mines  shall  post  or  cause  to  be  posted,  in  a  promi- 
nent place  upon  the  gallows-frame  or  other  superstructure  at 
the  collar  of  the  main  workings  of  such  mine,  a  copy  of  his 
recommendations  within  twenty-four  hours  from  the  date  of 
such  examination,  and  it  shall  be  the  duty  of  the  inspector  of 
mines  to  collect  information  and  statistics  relative  to  mines 
and  mining  and  the  mineral  resources  of  the  state,  and  to 
collect,  arrange,  and  classify  mineral  and  geological  specimens 
found  in  this  state  and  to  forward  the  same  to  the  State  school 
of  mines,  and  it  shall  be  the  duty  of  the  inspector  of  mines  to 
establish  a  uniform  code  of  signals. 

Inspector  to  Have  Full  Power  to  Enter  All  Mine  Workings- 
Notice  Served  on  Manager  of  Unsafe  Mine — Penalty  for 
Non-compliance. 

Sec.  5.  Said  State  Inspector  shall  have  full  power  and  au- 
thority at  all  hours,  to  enter  and  examine  any  and  all  mines 


158  MINING  LAWS  OF  NEVADA 

in  this  State,  and  shall  have  the  right  to  enter  into  any  and 
all  mine  stopes,  levels,  winzes,  tunnels,  shafts,  drifts,  cross-cuts, 
workings  and  machinery  for  the  purpose  of  such  examination ; 
and  the  owner,  lessor,  lessee,  agent,  manager  or  other  p-erson 
in  charge  of  such  mine  or  mines  shall  render  the  Inspector 
such  assistance  as  may  be  required  by  the  Inspector  to  enable 
him  to  make  a  full,  thorough  and  complete  examination  of  each 
and  every  part  of  such  mine  or  mines ;  and  whenever,  as  the 
result  of  the  examination  of  any  mine  (whether  such  examina- 
tion is  made  in  consequence  of  a  complaint,  as  hereinafter  pro- 
vided, or  otherwise),  the  Inspector  shall  find  the  same  to  be  in 
an  unsafe  condition,  he  shall  at  once  serve,  or  cause  to  be 
served,  a  written  notice  upon  the  owner,  lessor,  lessee,  agent, 
manager,  or  other  person  in  charge  of  such  mine,  stating  in 
detail  in  what  particular  or  particulars  the  mine  is  dangerous 
or  insecure,  and  shall  require  all  necessary  changes  to  be 
made,  without  delay,  for  the  purpose  of  making  said  mine  safe 
for  the  employees  therein ;  and  in  case  of  any  criminal  or  civil 
proceedings  at  law  against  the  party  or  parties  so  notified,  on 
account  of  the  loss  of  life  or  bodily  injury  sustained  by  any 
employee  subsequent  to  the  service  of  such  notice,  and  in  con- 
sequence of  a  neglect  or  refusal  to  obey  the  Inspector's  re- 
quirements, a  certified  copy  served  by  the  Inspector  shall  be 
prima  facie  evidence  of  the  culpable  negligence  of  the  party 
or  parties  so  notified. 

Inspector  to  Have  Office  at  Capitol — Mine  Owners  to  Report. 

Sec.  6.  The  Inspector  of  Mines  shall  be  provided  with  a 
properly  furnished  office  at  the  State  House  in  Carson  City, 
Nevada,  in  which  he  shall  carefully  keep  a  complete  record 
of  all  mines  examined,  showing  the  date  of  examination,  the 
conditions  in  which  the  mines  were  found,  the  manner  and 
method  of  working,  the  extent  to  which  the  laws  are  obeyed, 
and  what  recommendations,  if  any,  were  ordered  by  the  In- 
spector. It  is  hereby  made  the  duty  of  the  owner,  lessor,  les- 
see, agent,  manager  or  other  person  in  charge  of  each  and  ev- 
ery mine,  of  whatever  kind  or  character,  within  the  State,  to 
forward  to  the  Inspector  of  Mines  at  his  office,  not  later  than 
the  first  day  of  June  in  each  year,  a  detailed  report  showing 
the  character  of  the  mine,  the  number  of  men  then  employed 
and  the  estimated  maximum  number  of  men  to  be  employed 
therein  during  the  ensuing  year,  the  method  of  working  such 
mine  and  the  general  condition  thereof,  and  such  owner,  lessor, 
lessee,  agent,  manager  or  other  person  in  charge  of  any  mine 
within  the  State  must  furnish  whatever  information  relative  to 
such  mine  as  the  Inspector  of  Mines  may  from  time  to  time  re- 
quire for  his  guidance  in  the  proper  discharge  of  his  official 
duties. 


MINING  LAWS  OF  NEVADA  159 

Complaint  as  to  Dangerous  Mines — Inspector  to  Serve  Notice — 
Names  of  Complainants  Kept  Secret. 

Sec.  7.  Whenever  the  Inspector  of  Mines  shall  receive  a 
formal  complaint  in  writing,  signed  by  one  or  more  persons, 
setting  forth  that  the  mine  in  which  he  is  employed  is  danger- 
our  in  any  respect,  he  shall,  in  person,  visit  and  examine  such 
mine ;  Provided,  every  such  formal  complaint  shall  in  all  cases 
specifically  set  forth  the  nature  of  the  danger  existing  at  the 
mine,  and  shall  describe  with  as  much  certainty  as  possible 
the  conditions  rendering  such  mine  dangerous,  and  shall  set 
forth  the  time  when  such  danger  was  first  observed,  and  shall 
distinctly  set  forth  whether  or  not  any  notice  of  such  defect 
or  danger  has  been  given  by  the  complainants  or  any  one  else 
to  their  knowledge  to  the  superintendent  or  other  person  in 
charge  of  such  mine,  and  if  no  such  complaint  has  been  made 
to  such  superintendent  or  other  person  in  charge,  the  reason 
why  it  has  not  been  made.  After  such  complaint  shall  have 
been  received  by  the  Inspector  of  Mines,  it  shall  be  the  duty 
of  such  Inspector  to  serve  a  certified  copy  thereof,  upon  the 
owner,  lessor,  lessee,  agent,  manager,  or  other  person  in  charge, 
and,  as  soon  as  possible  after  receiving  such  complaint,  to  visit 
and  examine  such  mine ;  and  if  from  such  examination  he  shall 
find  such  complaint  to  be  just,  he  shall  give  notice  in  writing 
of  the  danger  existing,  to  the  owner,  lessor,  lessee,  agent,  man- 
ager, or  other  person  in  charge  thereof,  and  in  such  notice  may, 
in  his  discretion,  order  such  mine  or  workings  in  which  danger 
exists,  closed  until  danger  has  been  removed.  The  names  of 
the  complainants  complaining  as  in  this  section  provided,  shall 
not,  under  any  circumstances,  be  divulged  to  any  person  by 
said  Inspector  except  such  action  be  necessary  in  the  adminis- 
tration of  justice  in  the  courts  of  the  State. 

Non-compliance  With  Notice,  How  Prosecuted. 

Sec.  8.  It  shall  be  the  duty  of  the  Inspector  of  Mines  upon 
the  neglect  or  refusal  of  any  owner,  lessor,  lessee,  agent,  man- 
ager, or  other  person  in  charge  of  any  mine  or  workings,  noti- 
fied of  the  unsafe  or  dangerous  condition  of  his  mine,  promptly 
to  comply  with  the  requirements  of  the  notice  served  upon 
him,  to  at  once  notify  the  Attorney-General  of  such  neglect  or 
refusal,  and  the  Attorney-General  or  the  District  Attorney  of 
the  county  in  which  said  mine  is  situated,  at  the  instigation  of 
the  Attorney-General,  must  thereupon  immediately  commence 
action  in  the  name  of  the  State  against  the  party  so  notified 
for  the  enforcement  of  the  penalty  mentioned  in  section  five, 
in  any  court  of  competent  jurisdiction.  And  it  shall  be  the 
duty  of  the  Inspector  of  Mines,  upon  the  neglect  or  refusal  of 
any  owner,  lessor,  lessee,  agent,  manager  or  other  person  in 
charge  of  any  mine  or  workings,  notified  of  the  unsafe  or  dan- 

erous  condition  of  his  mine,  promptly  to  comply  with  the  re- 


160  MINING  LAWS  OF  NEVADA 

quirements  of  the  notice  served  upon  him,  to  at  once  notify  the 
Attorney-General  of  such  neglect  or  refusal,  and  the  Attorney- 
General  must  thereupon  immediately  commence  action  in  the 
name  of  the  State  against  the  party  so  notified  for  the  recovery 
of  the  penalty  mentioned  in  section  five,  in  any  court  of  com- 
petent jurisdiction,  and  the  amount  so  recovered  shall  be  paid 
into  the  General  School  Fund  of  the  State  and  constitute  a  part 
thereof. 

Deputy  Inspector — Salary. 

Sec.  9.  The  Inspector  of  Mines  shall  appoint  a  Deputy  In- 
spector who  shall  receive  a  salary  not  to  exceed  two  hundred 
dollars  per  month  as  full  compensation  for  all  services,  and 
traveling  expenses  while  in  the  discharge  of  his  duty. 

Inspector  to  Attend  Coroner's  Inquest — Testimony. 

Sec.  10.  Whenever  a  serious  or  fatal  accident  shall  occur  in 
any  mine  in  the  State  of  Nevada,  it  shall  be  the  duty  of  the 
owner,  lessor,  lessee,  agent,  manager  or  other  person  in  charge 
thereof  immediately  and  by  the  quickest  means,  to  notify  the 
Inspector  of  Mines,  or  his  deputy,  as  may  be  most  convenient, 
of  such  accident;  and  the  Inspector  or  his  deputy,  or  both, 
shall  at  once  repair  to  the  place  of  accident  and  investigate 
fully  the  cause  of  such  accident;  and  the  Inspector,  or  his 
deputy,  shall  be  present  at  any  Coroner's  inquest  held  over  the 
remains  of  any  person  or  persons  killed  in  any  such  accident, 
and  shall  have  power  at  such  inquest  to  examine  and  cross- 
examine  witnesses,  and  may  have  process  to  compel  the  attend- 
ance of  necessary  witnesses  at  such  inquest.  If  the  Inspector 
or  Deputy  Inspector  cannot  be  immediately  present  in  case  of 
a  fatal  or  serious  accident  occurring,  it  shall  be  the  duty  of 
the  owner,  lessor,  lessee,  agent,  manager,  or  person  in  charge 
of  the  mine  in  which  such  accident  has  occurred,  to  have 
statements  made  and  verified  by  those  witnessing  such  acci- 
dent; in  case  of  no  persons  being  present  at  the  time  of  the 
accident,  then  the  statement  of  those  first  present  thereafter 
shall  be  taken,  which  statement  shall  be  verified,  and  such  veri- 
fied statements  shall  be  placed  in  the  hands  'of  the  Inspector, 
or  Deputy  Inspector,  upon  the  demand  of  such  officer.  When- 
ever any  Deputy  Inspector  is  present  at  any  Coroner's  inquest 
and  assists  in  the  examination,  he  shall,  at  the  conclusion  there- 
of, at  once  prepare  and  forward  to  the  Inspector  a  full  and  de- 
tailed report  of  the  accident,  giving  all  information  obtainable 
regarding  the  same. 

Annual  Report  of  Inspector — What  to  Contain. 

Sec.  11.  The  Inspector  of  Mines  shall,  on  the  first  Monday 
of  December  of  each  year,  file  with  the  Governor  of  the  State 
a  printed  report  giving: 

First — A  list  of  all  accidents  that  have  occurred  during  the 


MINING  LAWS  OF  NEVADA  161 

year,  the  nature  and  cause  of  the  same,  together  with  the  per- 
sons killed  and  injured. 

Second — The  number  of  mines  visited  or  examined  during 
the  year,  the  number  of  mines  in  operation,  and  the  number  of 
mines  idle,  the  number  of  men  employed,  the  wages  paid  and 
the  nationality  of  the  employees. 

Third — The  name  and  location  of  each  mine  in  the  State 
which  has  been  examined  and  from  which  the  Inspector  has 
received  a  report  as  provided  in  section  six  of  this  Act,  and 
all  data  possible  in  regard  to  the  manner  of  working  the  same, 
whether  by  shaft,  tunnel,  incline,  or  otherwise;  the  condition 
of  the  hoisting  machinery,  boilers,  whims,  engines,  cars,  buck- 
ets, ropes  and  chains  used  in  the  mines;  also  the  appliances 
used  for  the  extinguishment  of  fires ;  the  manner  and  method  of 
working  and  timbering  the  shafts,  drifts,  inclines,  stopes, 
winzes,  tunnels  and  upraises  through  which  persons  pass  to 
and  fro  while  engaged  in  their  daily  labor;  the  character  of 
the  exits  from  the  mine,  and  the  methods  of  ventilation  and 
the  system  of  signals  used  in  the  mine. 

Fourth — The  number  and  character  of  notices  served,  to- 
gether with  suggestions  and  recommendations  made;  the  man- 
ner in  which  such  suggestions  and  recommendations  were  com- 
plied with. 

Fifth — The  number  of  complaints  received  and  the  actions 
therein. 

Sixth — The  number  of  prosecutions  for  neglect  or  refusal 
to  comply  with  notices. 

Seventh — A  summary  of  the  reports  received  from  mine  own- 
ers and  Deputy  Inspector. 

Eighth — A  full  statement  containing  all  available  statistical 
and  other  information  calculated  to  exhibit  the  mineral  re- 
sources of  the  State  and  to  promote  the  development  of  the 
same. 

Ninth — Generally,  such  other  information  and  suggestions 
as  may  be  deemed  advisable. 

Not  to  Apply  to  Certain  Mines. 

Sec.  12.     This  Act  shall  not  apply  to  any  mine  which  is 

worked  exclusively  by  the  owners,  or  lessees  of  the  owners, 

and  where  no  men  are  employed  working    in  said    mine    for 
wages. 

Governor  to  Appoint  Inspector — Popular  Election  in  1910. 

Sec.  13.  Within  twenty  days  from  and  after  the  passage 
of  this  Act,  the  Governor  shall  appoint  said  Mining  Inspector, 
who  shall  hold  office  until  December  31,  1910,  and  at  the  next 
general  election  held  in  this  State,  and  every  two  years  there- 
after, the  office  of  Inspector  of  Mines  mentioned  in  this  Act 


162  MINING  LAWS  OF  NEVADA 

shall  be  filled  by  election  by  the  qualified  electors  of  the  State 
of  Nevada,  as  other  State  officers  are  now  elected,  and  the 
State  Controller  is  hereby  authorized  and  directed  to  draw 
his  warrants  for  the  several  amounts  specified  in  this  Act,  and 
the  State  Treasurer  is  hereby  directed  to  pay  the  same. 

By  Act  of  1911 — new  sections  14  to  43,  both  inclusive,  were 
added  to  this  Act.  They  provide  for  storage  of  powder  in 
mines,  compartment  shafts,  dead  timbers,  sign  boards,  gaso- 
line, bell  signals,  safety  appliances,  etc.  Too  long  for  this 
book.  See  page  403,  1911  Session  Laws  of  Nevada  and  1913 
Session  Laws,  p.  315.  Large  poster  with  mine  bell  signals  print- 
ed thereon  can  be  obtained  by  writing  to  Inspector  of  Mines, 
Carson  City,  Nevada. 


FALSE  DATE  ON  LOCATION  NOTICE. 

(Revised  Laws  1912,  Sec.  6675.) 

An  Act  approved  March  29,  1907,  makes  it  a  felony  to  ante- 
date or  put  any  false  date,  or  date  other  than  the  one  on  which 
location  is  made,  on  any  location  notice. 


FALSE  STATEMENT  REGARDING  ORE. 

(Revised  Laws  1912,  Sec.  6710.) 

Changing  Value  of  Ores  a  Misdemeanor — Penalty. 

Section  1.  Any  person,  corporation,  or  association,  or  the 
agent  of  any  person,  corporation,  or  association,  engaged  in  the 
milling,  smelting,  sampling,  concentrating,  reducing,  shipping 
or  purchasing  of  ores  in  this  State,  who  shall  in  any  manner 
knowingly  alter  or  change  the  true  value  of  any  ores  delivered 
to  him  or  them,  so  as  to  deprive  the  seller  of  the  correct  value  of 
the  same,  or  who  shall  substitute  other  ores  for  those  delivered 
to  him  or  them,  or  who  shall  issue  any  bill  of  sale  or  certificate 
of  purchase,  that  does  not  exactly  and  truthfully  state  the 
actual  weight,  assay  value  and  total  amount  paid  for  any  lot  or 
lots  of  ore  purchased,  or  who,  by  any  secret  understanding,  or 
agreement  with  another,  shall  issue  a  bill  of  sale  or  certificate 
of  purchase  that  does  not  correctly  and  truthfully  set  forth  the 
weight,  assay  value,  and  total  amount  paid  for  any  lot  or  lots  of 
ore  purchased  by  him  or  them,  shall  be  guilty  of  a  misdemeanor 
and,  on  conviction  thereof,  shall  be  fined  in  a  sum  not  exceeding 
one  thousand  dollars,  nor  less  than  one  hundred  dollars,  or  im- 
prisonment in  the  county  jail  not  more  than  one  year,  or  both, 
at  the  discretion  of  the  court. 


MINING  LAWS  OF  NEVADA  163 

ACTIONS  FOR  TITLE  AND  POSSESSION. 

(Revised  Laws  1912,  Sees.  5526,  5203.) 
Application  for  Patent — Jurisdiction  of  Court. 
Right  of  Possession. 

Section  1.  In  all  actions  brought  to  determine  the  right  of 
possession  of  a  mining  claim,  or  metalliferous  vein  or  lode, 
where  an  application  has  been  made  to  the  proper  officers  of  the 
Government  of  the  United  States  by  either  of  the  parties  to 
such  action  for  a  patent  for  said  mining  claim,  vein,  or  lode,  it 
shall  only  be  necessary  to  confer  jurisdiction  on  the  court  to  try 
said  action,  and  render  a  proper  judgment  therein,  that  it  ap- 
pear that  an  application  for  a  patent  for  such  mining  claim, 
vein,  or  lode  has  been  made,  and  that  the  parties  to  said  action 
are  claiming  such  mining  claim,  vein,  or  lode,  or  some  part 
thereof,  or  the  right  of  possession  thereof. 

Golden  Fleece  v.  Cable  Con.  Mining  Co.,  12  Nev.  312;  Rose 
v.  Richmond  Mining  Co.,  17  Nev.  25;  Gottschall  v.  Mel- 
sing,  2  Nev.  185 ;  Chase  v.  Savage  S.  M.  Co.,  2  Nev.  9 ; 
Bullion  M.  Co.  v.  Croesus  G.  &  M.  Co.,  2  Nev.  168 ;  Stone- 
cifer  v.  Yellow  Jacket  S.  M.  Co.,  3  Nev.  39;  Schissler  v. 
Chesshire,  7  Nev.  434;  Welland  v.  Huber,  8  Nev.  203; 
Rogers  v.  Cooney,  7  Nev.  213;  Hamburg  M.  Co.  v. 
Stevenson,  17  Nev.  450 ;  Patchen  v.  Kelley,  19  Nev.  404 ; 
Deno  v.  Griffin,  20  Nev.  249;  Jones  v.  Prospect  Tunnel 
Co.,  21  Nev.  339;  South  End  Mining  Co.  v.  Tinney,  22 
Nev.  19 ;  Abbott  v.  Primeaux,  16  Nev.  361 ;  Steel  v.  Gold 
Lead  G.  &  S.  M.  Co.,  18  Nev.  80. 

Trial,  When  Postponed. 

Sec.  2.  In  actions  involving  the  title  to  mining  claims  and 
quartz  ledges,  if  it  be  made  to  appear  to  the  satisfaction  of  the 
court  that  in  order  that  justice  may  be  done,  and  the  action 
fairly  tried  on  its  real  merits,  it  is  necessary  that  further  de- 
velopments should,  be  made,  and  that  the  party  applying  has 
been  guilty  of  no  laches  and  is  acting  in  good  faith,  the  court 
shall  grant  the  postponement  of  the  trial  of  the  action,  giving 
the  party  a  reasonable  time  in  which  to  prepare  for  trial.  And 
in  granting  such  postponement,  the  court  may,  in  its  discretion, 
annex  as  a  condition  thereto,  an  order  that  the  party  obtaining 
such  postponement  shall  not,  pending  the  trial  of  the  action, 
remove  from  the  premises  in  controversy  any  valuable  quartz, 
rock,  earth,  or  ores,  and  for  any  violation  of  an  order  so  made, 
the  court  or  the  judge  thereof  may  punish  for  contempt,  as  in 
the  cases  of  violation  of  an  order  of  injunction,  and  may  also 
vacate  the  order  of  postponement. 

Choate  &  Brown  v.  Bullion  Mining  Co.,  1  Nev.  73;  Silver 
Mining  Co.  v.  Fall,  6  Nev.  116. 


164  MINING  LAWS  OF  NEVADA 

FEE  FOR  RECORDING  PROOF  OF  LABOR. 

(Revised  Laws  1912,  Sec.  2046.) 
Fees  for  Recording  Proof  of  Labor  on  Mining  Claims. 

Section  1.  From  and  after  the  passage  and  approval  of  this 
Act  the  County  Recorders  and  District  Mining  Recorders  of 
this  State  shall  charge  the  following  fees  for  recording  certifi- 
cates of  proof  of  labor  on  mining  claims:  Fifty  cents  for 
recording  any  such  certificate  that  embraces  therein  one  claim, 
and  an  additional  fee  of  twenty-five  cents  for  each  and  every 
additional  mining  claim  embraced  in  said  certificate;  pro- 
vided further,  that  if  any  such  certificate  shall  contain  more 
than  one  hundred  words,  an  additional  fee  of  thirty  cents 
shall  be  charged  for  each  one  hundred  words  or  fractional  part 
thereof  in  excess  of  said  first  one  hundred  words. 

Repeal. 

Sec.  2.  All  acts  and  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

(Receipt  from  Recorder,  see  page  96.) 

An  Act  relating  to  mines  and  mining  and  requiring  the  keeping 
open  of  passageways  connecting  contiguous  mines  and  giv- 
ing the  right  to  use  the  outlet  through  such  contiguous 
mines  in  case  of  necessity  and  providing  a  penalty  for  vio- 
lation thereof. 

Approved  March  11,  1913,  p.  53. 

Section  1.  It  shall  be  unlawful  for  any  owner,  operator  or 
person  in  charge  of  any  mine  to  place  or  cause  to  be  placed  any 
bulkhead  or  door  in  any  passageway  connecting  contiguous 
mines  or  to  refuse  to  allow  the  right  of  use  of  such  outlet 
through  such  contiguous  mine  in  case  of  an  accident ;  provided, 
that  nothing  in  this  Act  shall  prevent  the  maintaining  of  a 
door  in  such  connection  which  can  be  quickly  opened  or  readily 
broken  in  case  of  an  accident. 

Sec.  2.  In  all  passageways  connecting  contiguous  mines 
where  a  door  or  doors  have  been  erected  necessary  tools  for 
opening  the  same  shall  be  kept  in  a  conspicuous  place  near  said 
doors  and  not  removed  for  any  purpose  whatever  other  than 
as  specified  in  this  Act. 

Sec.  3.  Any  owner,  operator  or  person  in  charge  of  any  mine 
who  violates  any  of  the  provisions  of  this  Act  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars  or  by  imprisonment  in  the  county  jail  for  not 
less  than  thirty  days  nor  more  than  six  months,  or  by  both  such 
fine  and  imprisonment ;  and  each  and  every  day  that  such  own- 
er or  operator  may  continue  to  violate  any  of  the  provisions 


MINING  LAWS  OF  NEVADA  165 

of  this  Act  shall  be  considered  a  separate  offense  and  shall  be 
punishable  as  such. 

Sec.  4.  That  the  words  "person,"  "operator,"  "owner," 
and  "person  in  charge,"  wherever  used  in  this  Act  shall  be 
deemed  to  include  corporations  and  associations  existing  under 
or  authorized  by  the  laws  of  either  the  United  States,  the  laws 
of  the  Territories,  the  laws  of  any  State,  or  the  laws  of  any 
foreign  country. 


An  Act  relating  to  the  equipping  of  machinery  used  for  boring 
or  drilling  holes  in  stopes  and  raises  with  water- jets  or 
sprays  or  other  means  to  prevent  the  escape  of  dust,  com- 
pelling the  use  of  same,  and  providing  a  penalty  for  vio- 
lation thereof. 

Approved  March  17,  1913,  pp.  167,  168. 

Section  1.  It  shall  be  unlawful  for  any  owner,  operator  or 
person  in  charge  of  any  underground  mine  to  cause  to  be  drill- 
ed or  bored  by  machinery  a  hole  or  holes  in  any  stope  or  raise 
in  ground  that  causes  dust  from  drilling,  unless  said  machin- 
ery is  equipped  with  a  water-jet  or  spray  or  other  means 
equally  efficient  to  prevent  the  escape  of  dust ;  provided,  that 
when  water- jets  or  sprays  are  used  water  free  from  pollution 
with  organic  or  other  noxious  matter  shall  be  furnished. 

Sec.  2.  Where  machinery  used  for  drilling  or  boring  holes 
in  stopes  or  raises  is  equipped  as  required  by  section  1  of  this 
Act,  it  shall  be  unlawful  for  any  person  or  persons  to  drill  or 
bore  a  hole  in  said  stope  or  raise  without  using  said  appliance 
for  the  prevention  of  dust. 

Sec.  3.  Any  person  who  violates  either  of  the  two  preceding 
sections,  or  any  owner,  operator  or  person  in  charge  of  any 
underground  mine  who  hires,  contracts  with  or  causes  any  per- 
son to  violate  the  two  preceding  sections  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  4.  That  the  words  "person,"  "operator,"  "owner," 
and  "person  in  charge,"  wherever  used  in  this  Act  shall  be 
deemed  to  include  corporations  and  associations  existing  under 
or  authorized  by  the  laws  of  either  the  United  States,  the  laws 
of  the  Territories,  the  laws  of  any  State,  or  the  laws  of  any 
foreign  country. 

Sec.  5.  This  Act  shall  take  effect  and  be  in  full  force  from 
and  after  ninety  days  next  following  its  passage  and  approval. 


166  MINING  LAWS  OF  NEVADA 

An  Act  to  require  the  sprinkling  of  dusty  ore  and  rock  in  mines 
and  ore-houses,  compelling1  the  installation  of  devices  there- 
for, and  providing  a  penalty  for  violation  thereof. 
Approved  March  24,  1913,  p.  305. 

Section  1.  Every  corporation,  company,  owner  or  operator 
of  a  mine  in  this  State  shall  equip  all  chutes  from  which  dusty 
ore  or  rock  is  taken  with  a  sprinkler  or  other  device  with  which 
to  effectively  dampen  said  ore  or  rock  to  prevent  the  escape  of 
dust  into  the  air  during  removal,  providing  that  whenever  in 
the  opinion  of  the  Inspector  of  Mines  the  installation  of  said 
device  in  any  property  is  impracticable  he  shall  have  the  power 
to  exempt  such  property. 

Sec.  2.  Whenever  a  sprinkling  device  is  installed  at  any 
chute  for  the  purpose  of  preventing  the  escape  of  dust  it  shall 
be  so  placed  that  it  can  be  operated  by  the  workman  loading 
cars  from  such  chute. 

Sec.  3.  Every  ore-house  where  dusty  ore  or  rock  is  sorted 
shall  be  supplied  at  all  times  with  suitable  clean  water,  which 
shall  be  used  for  the  purpose  of  sprinkling  said  ore  or  rock  to 
allay  the  dust.  Nothing  in  this  Act  shall  apply  to  mines  em- 
ploying less  than  ten  men  or  to  chutes  that  are  loaded  in  the 
open  air. 

Sec.  4.  Any  corporation,  company,  owner  or  operator  who 
fails  or  refuses  to  install  the  sprinkling  or  watering  device 
hereinabove  provided  for  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  not  more  than  six  months, 
or  by  both  such  fine  and  imprisonment. 

Sec.  5.  This  Act  shall  take  effect  and  be  in  full  force  from 
and  after  ninety  days  next  following  its  passage  and  approval. 

An  Act  requiring  all  persons  employed  in  underground  mines 
or  in  handling  explosives  to  be  able  to  speak  and  read  the 
English  language,  and  providing  penalties  for  the  violation 
of  this  Act. 

Approved  April  1,  1913,  p.  569. 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  employ  in  any  underground  mine  in  the  State  of 
Nevada,  or  in  the  handling  of  explosives  either  in  underground 
mines  or  surface  mine  workings  in  the  State  of  Nevada,  any 
person  or  persons  who  cannot  clearly  speak  and  readily  under- 
stand the  English  language,  or  who  cannot  readily  read  and 
understand  any  sign,  notice  or  list  of  rules,  or  directions,  print- 
ed in  the  English  language  in  regard  to  rules  of  safety  in  said 
underground  mine,  or  in  the  handling  of  said  explosives. 

Sec.     2.     Any  person,  firm  or  corporation,  violating  any  of 


MINING  LAWS  OF  NEVADA  167 

the  provisions  of  this  Act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  ($100)  dollars,  nor  more  than 
five  hundred  ($500)  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  3.     This  Act  shall  take  effect  January  1,  1914. 


DRINKING  WATER. 

An  Act  requiring  that  suitable  drinking  water,  etc.  *  *  be  fur- 
nished in  underground  workings. 

(Approved  March  8,  1915.    Chapter  73.) 

Section  1.  Every  corporation,  company,  owner,  or  operator 
of  a  mine  or  underground  workings  in  this  state  employing 
more  than  five  men,  shall,  during  working  hours,  provide  suit- 
able receptacles  containing  fresh,  clean  water  for  drinking 
purposes  at  places  convenient  to  where  men  are  employed  in 
said  underground  workings.  Said  receptacles  shall  be  sup- 
plied with  a  substantial  cover  which  may  be  securely  fastened 
or  locked  to  prevent  dust  or  dirt  fro  mentering  therein,  and 
shall  be  so  made  that  the  water  shall  be  drawn  from  a  valve  or 
faucet. 

Sec.  2.  It  shall  be  the  duty  of  the  state  inspector  of  mines 
to  enforce  the  provisions  of  this  act. 

Sec.  3.  Any  corporation,  company,  owner,  or  operator  who 
fails,  neglects,  or  refuses  to  obey  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment. 

ASSESSMENT  OF  PATENTED  MINES. 

Chap.  206 — An  Act  to  provide  for  the  assessment  of  patented 
mines,  and  to  repeal  all  acts  and  parts  of  acts  in  conflict 
herewith. 

(Approved  March  24,  1915.) 

Definition  of  Term  "Patented  Mine." 

Section  1.  The  term  "patented  mine,"  where  hereinafter 
used  in  this  act,  shall  be  taken  and  deemed  to  mean  each,  sep- 
arate, whole,  or  fractional  patented  mining  location,  whether 
such  whole  or  fractional  mining  location  be  covered  by  an 
independent  patent  or  be  included  under  a  single  patent  with 
other  mining  locations. 


168  MINING  LAWS  OF  NEVADA 

Patented  Mines,  Assessment  of — Exception. 

Sec.  2.  Each  patented  mine  shall  be  assessed  at  not  less 
than  five  hundred  ($500)  dollars,  except  where  one  hundred 
($100)  dollars  in  labor  has  been  actually  performed  upon  such 
patented  mine  during  the  calendar  year  for  which  assessment  is 
levied  or  where  bond  and  statement  of  intent  to  perform  such 
labor  has  been  properly  filed  and  approved  as  provided  in  sec- 
tion 5  of  this  act,  in  addition  to  the  tax  on  the  net  proceeds. 

Assessor  to  Assess  All  Patented  Mines. 

Sec.  3.  The  county  assessor  shall  assess  each  patented  mine 
in  his  county  at  not  less  than  five  hundred  ($500)  dollars  and 
return  the  said  assessment  as  is  now  required  by  law. 

Board  of  Equalization  to  Strike  from  Rolls,  When. 

Sec.  4.  At  the  next  succeeding  session  of  the  county  board 
of  equalization,  or  of  any  state  board  or  commission  now  in 
existence,  or  that  may  hereafter  be  created  by  law  for  the  pur- 
pose of  equalizing  property  values,  the  owner  of  any  such 
patented  mine  may  appear  before  either  of  said  boards  in  per- 
son or  by  an  agent  or  attorney,  and  on  presenting  to  either  of 
said  boards  an  affidavit  that  at  least  one  hundred  ($100)  dol- 
lars in  labor  has  been  actually  performed  upon  said  patented 
mine  during  the  calendar  year  for  which  assessment  is  levied, 
the  board  to  whom  presentation  is  made  shall  strike  from  the 
roll  the  assessment  against  the  patented  mine  named  in  such 
affidavit. 

May  File  Declaration  of  Intent  to  Perform  Labor. 

Sec.  5.  The  owner  or  controller  of  patented  mines  on  which 
one  hundred  ($100)  dollars  in  labor  has  not  been  performed  at 
the  time  of  the  meeting  of  the  county  board,  or  any  duly 
authorized  state  board  or  commission,  may  declare  by  properly 
executed  affidavit  to  either  of  such  boards  his  intention  of 
performing  such  labor  before  the  expiration  of  the  then  current 
calendar  year;  and  upon  filing  such  affidavit,  together  with  a 
good  and  sufficient  bond  in  the  sum  of  one  hundred  ($100) 
dollars  for  each  patented  mine  to  which  the  declaration  of 
intent  is  applied  (which  bond  must  be  acceptable  to  and 
approved  by  the  county  board  of  equalization,  or  any  duly 
authorized  state  board  or  commission,  as  the  case  may  be),  the 
board  than  sitting  may  order  such  patented  mine  or  mines 
stricken  from  the  roll. 

To  File  Proof  of  Labor  After  Declaration  of  Intent. 

Sec.  6.  The  owner  or  controller  of  patented  mines  in  favor 
of  which  bond  and  declaration  of  intent  has  been  filed  in 
accordance  with  the  preceding  section  shall,  on  or  before  the 
tenth  day  of  January  of  the  next  year  succeeding  the  calendar 
year  for  which  assessment  has  been  levied,  file  with  the  board 


MINING  LAWS  OF  NEVADA  169 

with  which  bond  and  declaration  of  intent  was  originally  filed, 
an  affidavit  that  at  least  one  hundred  ($100)  in  labor  has- 
been  actually  performed  upon  each  patented  mine  covered  by 
such  bond  and  declaration  of  intent  during  the  calendar  year 
for  which  assessment  was  levied.  Upon  the  filing  of  such 
affidavit  of  labor  the  bondsmen  shall  be  released.  Upon  the 
refusal  or  neglect  to  file  such  affidavit  within  the  time  limit 
prescribed  by  this  section,  the  county  board  of  equalization,  or 
the  state  board  or  commission,  as  the  case  may  be,  shall  declare 
the  bond  forfeited  and  may  proceed  to  collect  the  full  amount 
thereof  in  an  action  at  law,  which  action  shall  be  prosecuted 
by  the  district  attorney  or  attorney-general. 

Affidavit  of  Labor  Required — Form. 

Sec.  7.  The  affidavit  of  labor  required  by  this  act  shall  par- 
ticularly describe  the  work  performed,  and  upon  what  portion 
of  said  mine,  and  when  and  by  whom  done,  and  may  be  sub- 
stantially in  the  following  form : 

State  of  Nevada,  County  of ,  ss. 

,  being  first  duly  sworn,  on  oath  de- 
poses and  says :  That  at  least  one  hundred  ($100)  dollars 

worth  of  work  or  labor  was  performed  up  the 

patented  mine ,  situated  in  the 

mining  district,  county  of ,  State  of 

Nevada,  during  the  calendar  year  19 Such    labor    was 

done  at  the  expense  of ,  the  owner  (or 

one  of  the  owners)  of  said  patented  mine,  for  the  purpose  of 
relieving  the  same  from  the  assessment.  Said  labor  was  per- 
formed by at  about feet  in  a 

direction  from  the  location  monument,  and  was 

done  between  the day  of ,  19 . . . , 

and  the day  of ,  19 . . . ,  and  con- 
sisted of  the  following  work  : .  . 

Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  19.... 

Notary  Public. 

(Or  other  officer  authorized  to  administer  oaths.) 

Affidavit  Made  by  Owner  or  Agent. 

Sec.  8.  Such  affidavit  may  be  made  by  the  owner  or  agent 
of  the  owner,  or  person  performing  the  labor,  or  by  any  person 
familiar  with  the  facts,  on  behalf  of  the  owner. 

Contiguous  Mines. 

Sec.  9.  The  owner  of  two  or  more  contiguous  patented 
mines  may  perform  all  work  required  by  article  X  of  the  con- 
stitution of  this  state  upon  one  mine  only ;  provided,  the  aggre- 
gate amount  of  such  work  shall  be  equal  to  one  hundred  ($100) 
dollars  for  each  of  such  contiguous  patented  mines. 


170  MINING  LAWS  OF  NEVADA 

Affidavit  Filed. 

Sec.  10.  All  such  affidavits  shall  be  filed  and  retained  in 
the  office  of  the  county  clerk. 

One  Affidavit  May  Include  Several  Properties. 

Sec.  11.  A  single  affidavit  may  be  filed  for  the  labor  on 
several  patented  mines  belonging  to  the  same  person  or  held 
in  common  ownership,  provided  all  are  located  in  the  same 
county. 

Repealing  Section. 

Sec.  12.  An  act  entitled  "An  act  supplemental  to  an  act 
entitled  'An  act  to  provide  revenue  for  the  support  of  the 
government  of  the  State  of  Nevada,  and  to  repeal  certain  acts 
relating  thereto,  approved  March  23,  1891,"  approved  March 
12,  1913,  and  all  other  acts  and  parts  of  acts  in  conflict  here- 
with, are  hereby  repealed. 

NEVADA 
PRELIMINARY  NOTICE  FOR  POSTING. 

Notice  is  hereby  given  that  we. , 

being  each  native  born  citizens  of  the  United  States,  have  on 

this day  of ,  19 .  . . ,  discovered  a  lode 

bearing  gold,   silver   and   other   valuable   deposits,    and   have 

named  the  same  the Lode. 

The  course  of  the  lode  is and  we  claim 

hundred  feet  on  the  vein of  the  point 

where  the  discovery  was  made,  and  upon  which  this  notice  is 

posted,  and hundred  feet from  said  place 

of  discovery ;  and  we  claim  three  hundred  feet  on  each  side  of 
the  center  of  the  vein. 

Dated  and  posted  on  the  ground  this day  of 19.  ... 


Act  1897,  Sec.  I.  Any  person,  a  citizen  of  the  United  States,  or  one  who  has 
declared  his  intention  to  become  such,  who  discovers  a  vein  or  lode,  may  locate 
a  claim  upon  such  vein  or  lode  by  defining  the  boundaries  of  the  claim  in  manner 
hereinafter  described,  and  by  posting  a  notice  of  such  location  at  the  point  of  dis- 
covery, which  notice  must  contain:  First — The  name  of  the  lode  or  claim.  Sec- 
ond— The  name  of  the  locator  or  locators.  Third — The  date  of  the  location 
Fourth — The  number  of  linear  feet  claimed  in  length  along  the  course  of  the  vein, 
each  way  from  the  point  of  discovery,  with  the  width  .on  each  side  of  the  center 
of  the  vein,  and  the  general  course  of  the  vein  or  lode  as  near  as  may  be. 


MINING  LAWS  OF  NEVADA  171 

NEVADA 
LOCATION  CERTIFICATE.— LODE  CLAIM. 

We,   ,  being 

native  born  citizens  of  the  United  States,  hereby  declare : 

That  on  the day  of ,  19. . .,  we  discovered 

and  located  a  lode  bearing  gold,  silver  and  other  valuable  de- 
posits, and  on  the  same  day  posted  our  notice  of  location  at 

the  place  of  discovery,  and  named  the  lode  the 

Lode. 

That  the  general  course  of  the  vein  is and 

,  and  we  claim hundred 

feet  on  the  veinf ,  and hundred  feetf 

from the  point  of  discovery,  and 

three  hundred  feet  on  each  side  of  the  center  of  the  vein. 

That  the  discovery  shaft  is  located  at , 

and  is feet  deep  and feet  long  and 

feet  wide,  and  discloses  a  well-defined  crevice,  lode 

or  vein. 

That  the  claim  is  located  in  the. Mining 

District,  in County,  State  of  Nevada, 

being  situated  about  * 

That  the  following  is  a  description  of  said  location  as  marked 

on  the  ground :     Commencing  at  the 

of  said  claim,  a ,  from 

which  initial  point  the  discovery  monument  is  distant  about 

feet  in  a 

direction ;  thence  running  ** 

Dated ,  19.. 


NOTE. — fHere  put  in  North,   South,  East  or  West,   as  the   case  may  be. 

*Here  refer  to  some  natural  object  or  permanent  monument,  so  as  to  identify 
the  locality  of  the  claim,  in  compliance  with  Sec.  2324,  Revised  Statutes  of  the 
United  States,  and  Sec.  3  of  the  Act  of  1897,  Nevada.  A  road,  house,  tree,  known 
mountain  or  peak,  government  corner,  mill,  or  known  mining  claim,  etc.,  are  such 
objects  or  monuments,  as  "about  one  mile  directly  east  from  Jim  Budd's  quartz 
mill,  and  about  400  rods  west  from  the  Lone  Star  Mine,"  etc. 

**Here  follows  description  of  claim,  for  instance:  "Thence  running  600  feet 
northwesterly  to  the  northwest  corner  of  said  claim,  at  which  is  a  mound  of  rocks 
four  feet  high,  marked  so-and-so  (if  marked)  ;  thence  1,500  feet  southwesterly  to 
the  southwest  corner  of  said  claim,  a  mound  of  rocks,"  etc.;  so  going  around  the 
claim  to  point  of  beginning. 


172 


MINING  LAWS  OF  NEVADA 


o 

a> 

so 


Monument 

O" 


1 


1 10 


E 


300  ft.     O    *    SOO  ft. 


_, 

End 

Monument 


I! 


This  diagram  is  to  give  locator  a  general  idea  of  plan  of 
location.  The  Discovery  Shaft  can  be  in  the  center  of  claim 
or  any  distance  from  either  end  desired.  In  the  diagram  it  is 
placed  500  feet  from  one  end  and  1000  feet  from  the  other. 
Commence  description  of  claim  at  a  center  end  monument,  giv- 
ing its  distance  and  direction  from  center  of  Discovery  Shaft; 
thence  bound  the  claim  in  either  direction.  In  description  be 
careful  to  state  locality  of  claim  with  reference  to  some  natural 
object,  or  permanent  monument,  as  will  identify  the  claim. 


MINING  LAWS  OF  NEVADA  173 

NEVADA 
NOTICE  OF  LOCATION  OF  PLACER  CLAIM. 

Notice  is  hereby  given,  That , 

citizen . .  of  the  United  States,  h . . .  this day  of 

,  19. . . ,  discovered  a  valuable  placer  deposit 

within  the  limits  of  this  claim;  that  by  virtue  of  said  dis- 
covery   

ha.,  located,  and  hereby  locate  and  claim  the  following  de- 
scribed land,  situate  in Mining  District, 

County,  Nevada,  to-wit :  * 

of  section ,  Township ,  Kange 

,  containing acres. t  Said  claim  is 

hereby  named Placer  Claim.  Said  claim 

is  marked  upon  the  ground  as  follows :  J 

This  notice  is  posted  on  a  mound  of  rocks  at  the  point  of 
discovery,  situated  § 

Dated  and  posted  on  the  ground,  this. . .  .day  of ,  19.  . .. 


Locator. 


*The  statute  provides  that  the  locator  must  give  "a  description  of  the  claim  by 
reference  to  legal  subdivisions  of  sections,  if  the  location  is  made  in  conformity 
with  the  public  surveys;  otherwise  a  description  with  reference  to  some  natural 
object  or  permanent  monument  as  will  identify  the  claim." 

tWhen  not  described  by  legal  subdivisions,  the  description  should  conform  to 
that  contained  in  the  final  certificate  or  location  of  a  lode  claim. 

JThe  statute  provides  that,  whether  described  by  legal  subdivisions  or  not,  the 
location  shall  be  marked  by  the  locator  on  the  ground,  and  as  the  affidavit  to  be 
filed  later  is  not  required  to  contain  a  description  of  the  claim,  we  think  this  notice 
should  state  how  the  location  is  marked;  as,  for  instance,  "At  the  N.  E.  corner  of 
said  tract  a  mound  of  rocks  3  ft.  high,  marked  so-and-so  (if  marked),  and  at  the 
N.  W.  corner  a  stake  in  a  mound  of  rocks,  marked,"  etc.,  and  so  on  for  each 
monument  enclosing  the  claim. 

§Here  state  where  the  discovery  is  located,  as,  for  instance,  "20  ft.  S.  W.  of 
the  N.  E.  corner  monument." 

||A  duplicate  of  this  notice  must  be  filed  for  record  with  the  county  recorder 
within  thirty  days  from  the  discovery;  and  the  locator  is  allowed  thirty  days  to 
mark  his  location  on  the  ground.  Within  sixty  days  the  locator  must  do  work 
upon  this  claim  to  the  amount  of  at  least  $20,  and  file  an  affidavit  with  the  county 
recorder  showing  such  performance. 

AFFIDAVIT  OF  ANNUAL  LABOR. 
For  this  form  use  same  as  given  for  Arizona — ante. 


Horace  N.  Taylor 

CIVIL  ENGINEER  AND 
UNITED  STATES 
GOVERNMENT 
MINERAL  SURVEYOR 


You  will  need  his  services  when  you  want  to 
secure  a  patent  to  your  Mining  locations 


1020  Marsh-Strong  Bldg.,  Los  Angeles,  Cal. 
Phones— Main  261— Home  10503. 


MARK  WALKER,  B.  S. 

CHEMIST,  ASSAYER 
and  METALLURGIST 


Formerly  Territorial  Assayer,  Arizona 
Prices  and  Discounts  on  Application 


Home  Phone:  A  3289 

211  West  First  Street,  Los  Angeles,  California 


OREGON  MINING  LAWS 

As    Contained  in  "Lord's  Oregon  Laws"    and  Amendments 
Relating  to  Mines  and  Mining  to  May  1,  1911.    See  also 
U.  S.  Laws. 

(All  section  numbers  refer  to  "Lord's  Oregon  Laws." 


CONSTITUTIONAL  PROVISION. 

Chinamen  Not  to  Hold  Real  Estate  or  Work  Mining  Claims. 

No  Chinaman,  not  a  resident  of  the  State  at  the  adoption 
of  this  constitution,  shall  ever  hold  any  real  estate  or  mining 
claim,  or  work  any  mining  claim  therein. 

The  legislative  assembly  shall  provide  by  law  in  the  most 
effectual  manner  for  carrying  out  the  above  provision.     (Art. 
XV,  Or.  Const.) 
4  Saw.  28. 

PENAL  LAWS. 

Malicious  Injury  to  Water  Ditch,  Reservoir,  etc. — Penalty. 

Sec.  1975.  If  any  person  shall  maliciously,  wantonly,  or 
willfully  cut,  break  down,  injure,  destroy,  or  remove  any  water 
ditch,  canal,  flume,  trench,  pipe,  or  reservior,  or  any  other 
thing  used  for  conveying,  receiving,  or  holding  water  used  or 
designed  for  mining,  irrigating,  manufacturing,  or  domestic 
purposes ;  or  any  dam,  reservoir,  gate,  flume,  flashboard,  or  other 
appurtenance  used  or  designed  for  any  of  said  purposes,  or 
any  wheel,  wheel  gear,  or  machinery  of  any  mill  or  manufactory 
or  machinery  used  for  pumping  water  for  any  of  said  purposes, 
or  shall  maliciously  or  without  color  of  right  obstruct,  draw 
off,  or  use  any  portion  of  the  water  flowing  through  or  con- 
tained in  such  water  ditch,  canal,  trench,  pipe,  dam,  or  reser- 
voir, or  any  mill  pond  or  other  receptacle  used  for  containing 
such  water,  said  person,  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  less  than  $10  nor  more  than  $500. 
L.  1905,  p.  255,  Sec.  1. 

Mining  Claim  Monuments,  Injury  to — Penalty. 

Sec.  1981.  If  any  person  or  persons  shall  willfully  and 
maliciously  deface,  remove,  pull  down,  injure,  or  destroy  any 
location  stake,  side  post,  corner  post,  landmark,  or  monument, 
or  any  other  legal  land  boundary  monument  in  this  State, 
designating  or  intending  to  designate  the  location  boundary  or 
name  of  any  mining  claim,  lode,  or  vein  of  mineral,  or  the 
name  of  the  discoverer,  or  date  of  discovery  thereof,  the  per- 
son or  persons  so  offending  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punishable  by  a  fine  of  not 
more  than  five  hundred  dollars  ($500),  or  by  imprisonment  in 


176  MINING  LAWS  OF  OREGON 

the  county  jail  for  a  period  of  not  more  than  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court;  provided,  that  this  act  shall  not  apply  to  abandoned 
property. 

L.  1901,  p.  175,  Sec.  1. 

Trespass  on  Mining  Claims — Penalty. 

Sec.  1989.  Any  person  who  shall  break  or  rob  in  any  man- 
ner, or  who  shall  attempt  to  break  or  rob,  any  flume,  rocker, 
quartz  mill,  quartz  vein,  or  lode,  bed  rock  sluice,  sluice  box, 
or  mining  claim  not  his  own,  or  who  shall  trespass  upon  such 
mining  claim  with  the  intent  to  commit  a  felony,  shall,  upon 
conviction  thereof,  be  punished  by  imprisonment  in  the  peni- 
tentiary of  this  State  not  less  than  one  nor  more  than  five 
years,  or  by  fine  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  or  by  both  such  imprisonment  and 
fine,  as  the  court  or  judge  thereof  may  direct. 
L.  1872,  p.  24,  Sec.  1. 

Disposing  of  Liquor  Near  Mine  Unlawful. 

Sec.  2139.  It  shall  be  unlawful  for  any  person  or  persons 
to  sell  or  in  anywise  dispose  of  any  spirituous  or  malt  or  in- 
toxicating liquors  upon  or  within  one  mile  of  any  quartz  or 
placer  mine  in  active  operation  within  this  State;  provided, 
that  this  act  does  not  apply  to  incorporated  cities  and  towns. 

L.  1901,  p.  292,  Sec.  1. 
Penalty  for  Offenses  Under  Preceding  Section. 

Sec.  2140.  Any  person  or  persons  violating  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  fifty 
dollars  nor  more  than  two  hundred  dollars,  and  each  and  every 
day  that  any  person  or  persons  shall  sell  or  dispose  of  any 
liquors  contrary  to  any  provisions  of  this  act  shall  constitute 
a  separate  offense,  and  shall  be  punished  accordingly. 
L.  1901,  p.  292,  Sec.  2. 

MINING  ON  LANDS  BELONGING  TO  STATE  OF  OREGON. 

(Chapter  II,Title  XXXI  of  " Lord's  Oregon  Laws,"  Sections 
3878  to  3900,  provide  for  State  Land  Board  and  Sale  and  Lease 
of  State  Lands — at  Sec.  3900  commences  law  for  leasing  of  such 
lands  containing  mineral.) 

State  Land  Board  May  Make  Mining  Leases  on  State  Lands. 

Sec.  3900.  The  State  Land  Board  is  hereby  authorized  to 
execute  leases  and  contracts  for  the  mining  of  gold,  silver, 
copper,  lead,  cinnabar,  or  other  valuable  minerals  from  any 
lands  which  the  State  now  owns  and  to  which  it  may  hereafter 
acquire  title,  and  shall  make  such  rules  and  regulations  as 
may  be  necessary  in  carrying  out  the  provisions  of  this  act. 
L.  1907,  p.  214. 


MINING  LAWS  OF  OREGON  177 

Finder  of  Mineral  May  Make  Application. 

Sec.  3901.  Any  citizen  of  the  United  States  finding  precious 
minerals  upon  any  unsold  lands  of  the  State  of  Oregon,  may 
apply  to  the  State  Land  Board  for  a  lease  of  any  amount  of 
land  not  to  exceed  the  amount  and  dimensions  allowed  by  the 
mining  laws  of  .the  State  and  the  United  States. 
L.  1907,  p.  214. 

Mineral  Claim  on  State  Land,  How  Located. 

Sec.  3902.  The  manner  of  locating  a  mineral  claim  upon 
State  land  shall  be  in  accordance  with  the  laws  of  the  State 
regulating  the  location  of  mineral  claims  on  government  lands ; 
provided,  that  any  citizen  or  citizens  who  may  have  found 
minerals  on  unsold  State  lands  previous  to  the  passage  of  this 
act,  and  posted  notices  in  accordance  with  the  mining  laws  of 
the  State  of  Oregon  and  the  United  States,  shall  have  prefer- 
ence right  to  lease  the  same,  and  shall  have  ninety  (90)  days 
after  the  passage  of  this  act,  in  which  to  make  application  to 
the  State  Land  Board  for  such  lease. 
L.  1907,  p.  214. 

Lease  for  Development — Conditions. 

Sec.  3903.  For  the  purpose  of  developing  such  mine  or 
mines,  the  applicant  shall,  upon  payment  of  $25,  receive  from 
the  State  Land  Board  a  lease  for  two  years;  provided,  how- 
ever, that  no  more  than  five  tons  of  ore  shall  be  removed  from 
the  premises  for  assaying  or  testing  purposes  until  a  contract 
shall  have  been  executed,  as  hereinafter  provided. 
L.  1907,  p.  214. 

Lessee  May  Use  Timber  on  Premises. 

Sec.  3904.  The  lessee  may  cut  and  use  the  timber  found 
upon  said  premises  for  fuel,  and  in  the  construction  of  build- 
ings required  in  the  operation  of  any  mine,  or  mines,  on  the 
premises,  also  the  timber  necessary  for  drains,  tramways  and 
supports  for  such  mine,  or  mines,  but  for  no  other  purpose. 
L.  1907,  p.  214. 

Contract  With  Lessee  or  Assignee. 

Sec.  3905.  Any  time  prior  to  the  expiration  of  said  lease, 
the  lease  holder  or  any  assignee  thereof,  shall  have  the  right 
to  obtain  from  said  State  Land  Board  a  contract,  which  shall 
bind  the  State  of  Oregon  as  a  party  of  the  first  part,  and  the 
person  or  persons,  or  corporations,  to  whom  said  contract  shall 
issue,  as  party  of  the  second  part,  in  a  mutual  observance  of 
such  obligations,  terms,  and  conditions  as  may  be  agreed  upon 
by  said  State  Land  Board  and  the  said  lessee. 
L.  1907,  p.  214. 

Lease  and  Payments  Forfeited  for  Fraud. 

Sec.  3906.     When  the  lessee  commits  fraud,  the  penalty  shall 


178  MINING  LAWS  OF  OREGON 

be  the  forfeiture  of  the  mine,  or  mines,  and  all  property  per- 
taining thereto,  and  all  moneys  paid  thereon. 
L.  1907,  p.  215. 

Waste  or  Trespass  on  State  Lands — Penalty. 

Sec.  3907.  (This  section  provides  penalty  for  waste  or  tres- 
pass on  State  lands — see  "Lord's  Oregon  Laws,"  Vol.  2,  p. 
1541.) 

(Note. — Persons  desiring  to  lease  mining  lands  belong- 
ing to  the  State  of  Oregon  should  correspond  with  State 
Land  Board,  Salem,  Oregon,  with  regard  thereto.) 

HOURS  OF  LABOR. 

Hours  of  Labor  in  Underground  Mines. 

Sec.  5058.  No  person  who  operates  any  underground  mine 
yielding  gold  or  silver  or  copper  or  lead,  or  other  metal  shall 
permit  or  require  any  person  to  work  in  such  underground 
mine  for  more  than  eight  hours  in  any  twenty-four  hours,  and 
the  hours  of  employment  in  such  employment  or  work  day 
shall  be  consecutive  excluding,  however,  any  intermission  of 
time  for  lunch  or  meals;  but,  in  the  case  of  emergency,  where 
life  or  property  is  in  imminent  danger,  persons  may  work  in 
such  underground  mines  for  a  longer  time  during  the  con- 
tinuance of  the  exigency  or  emergency.  This  act  shall  not 
apply  to  mines  in  their  first  stages  of  development,  such  as 
tunnel  work  to  a  length  of  200  feet,  or  shaft  work  to  a  depth 
of  150  feet,  or  to  any  surface  excavation. 

L.  1907,  p.  311. 
Penalty  for  Violations. 

Sec.  5059.  Any  person,  persons,  body  corporate,  general 
manager  or  employer  who  shall  violate,  or  cause  to  be  violated 
any  of  the  provisions  of  section  5058  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  pun- 
ished by  a  fine  of  not  less  than  $50,  nor  more  than  $300,  or 
by  imprisonment  of  not  less  than  thirty  days,  nor  more  than 
three  months.  And  the  court  shall  have  discretion  to  impose 
both  fine  and  imprisonment  as  herein  provided. 
L.  1907,  p.  311. 

MINING  CLAIMS. 

Mining    Claims,    Plurality   of— When   and  to    What   Extent 
Allowed. 

Section  5127.  Any  person  may  hold  one  claim  by  location, 
as  hereinafter  provided,  upon  each  lead  or  vein,  and  as  many 
by  purchase  as  the  local  laws  of  the  miners  in  the  district 
where  such  claims  are  located  may  allow;  and  the  discoverer 
of  any  new  lead  or  vein  not  previously  located  upon  shall  be 
allowed  one  additional  claim  for  the  discovery  thereof;  noth- 
ing in  this  section  shall  be  so  construed  as  to  allow  any  per- 


MINING  LAWS  OF  OEEGON  179 

son  not  the  discoverer  to  locate  more  than  one  claim  upon 
any  one  lead  or  vein. 

L.  1864,  p.  813,  Sec.  3. 
Location   of   Claim— Notice,    What   to    Contain— Boundaries, 

How  Marked. 

Sec.  5128.  Any  person,  a  citizen  of  the  United  States,  or 
one  who  has  declared  his  intention  to  become  such,  who  dis- 
covers a  vein  or  lode  of  mineral-bearing  rock  in  place  upon 
the  unappropriated  public  domain  of  the  United  States  within 
this  State,  may  locate  a  claim  upon  such  vein  or  lode  so  dis- 
covered by  posting  thereon  a  notice  of  such  discovery  and 
location,  which  said  notice  shall  contain:  first,  the  name  of 
the  lode  or  claim ;  second,  the  name  or  names  of  the  locator  or 
locators;  third,  the  date  of  the  location;  fourth,  the  number 
of  linear  feet  claimed  along  the  vein  or  lode  each  way  from 
the  point  of  discovery,  with  the  width  on  each  side  of  the 
said  lode  or  vein ;  fifth,  the  general  course  or  strike  of  the  vein 
or  lode  as  nearly  as  may  be,  with  reference  to  some  natural 
object  or  permanent  monument  in  the  vicinity  thereof,  and  by 
defining  the  boundaries  upon  the  surface  of  each  claim  so  that 
the  same  may  be  readily  traced.  Such  boundaries  shall  be 
marked  within  thirty  days  after  posting  such  notice  by  six 
substantial  posts,  projecting  not  less  than  three  feet  above  the 
surface  of  the  ground,  and  not  less  than  four  inches  square 
or  in  diameter,  or  by  substantial  mounds  of  stone,  or  earth 
and  stone,  at  least  two  feet  in  height,  to-wit:  one  such  post 
or  mound  of  rock  at  each  corner  and  at  the  center  ends  of 
such  claims. 

L.  1898,  p.  16,  Sec.  1 ;  L.  1901,  p.  140,  Sec.  1.     (Amending, 
see  Sec.  5140.) 

Mineral  land  that  has  been  regularly  located  and  has  for  many  years  been 
in  possession  of  persons  claiming  to  own  it  is  not  public  land  subject  to  location. 
Risch  v.  Wiseman,  36  Or.  484,  59  Pac.  1111. 

The  discoverer  of  a  lode  must,  in  the  absence  of  some  local  rule  of  miners 
or  legislative  regulation  allowing  time  for  exploration,  immediately  locate  his  claim 
by  distinctly  marking  same  on  the  ground  so  that  his  boundaries  can  be  readily 
ascertained.  Patterson  v.  Tarbell,  26  Or.  29,  37,  Pac.  76. 

Where  a  discoverer  proceeds  diligently  to  complete  his  location  by  marking 
his  boundaries  and  otherwise  complying  with  the  law  he  will  be  protected  in  his 
right  as  against  a  subsequent  locator  of  the  same  ground;  but  where  he  does 
not  so  proceed,  if  his  location  is  not  completed,  he  will  not  be  so  protected.  Patter- 
son v.  Tarbell,  26  Or.  33,  37  Pac.  76. 

As  to  the  right  of  an  alien  to  inherit  a  mining  claim  located  upon  govern- 
ment lands.  Lohmann  v.  Helmer,  104  Fed.  178. 

Recording  Copy  of  Notice — Location  Work. 

Sec.  5129.  Such  locator  shall,  within  sixty  days  from  and 
after  the  posting  of  the  location  notices  by  him  upon  the  lode 
or  claim,  file  for  record  with  the  recorder  of  conveyances,  if 
there  be  one,  who  shall  be  the  custodian  of  mining  records 
and  miners'  liens,  otherwise  with  the  clerk  of  the  county 
wherein  the  said  claim  is  situated,  a  copy  of  the  notice  so  posted 
by  him  upon  the  lode  or  claim,  having  attached  thereto  an 
affidavit  showing  that  the  work  required  to  be  done  by  sec- 
tion 5130  has  been  done  and  performed,  and  shall  pay  to  the 


180  MINING  LAWS  OF  OEEGON 

recorder  or  clerk  a  fee  of  one  dollar  for  such  record  thereof, 
which  said  sum  the  recorder  or  clerk  shall  immediately  pay 
over  to  the  treasurer  of  such  county  and  shall  take  his  receipt 
therefor,  as  in  case  of  other  county  funds  coming  into  the 
possession  of  such  officer.  Such  recorder  or  clerk  shall  im- 
mediately record  such  location  notice  and  the  affidavit  annexed 
thereto.  No  location  notice  shall  be  entitled  to  record,  or 
recorded,  until  the  work  required  by  section  5130  has  been 
done  and  the  affidavit  in  proof  thereof  is  attached  to  the  notice 
to  be  recorded. 

L.  1898,  p.  17,  Sec.  2;  L.  1901,  p.  140,  Sec.  2. 

Work  on  Claim,  What  Required  and  Within  What  Time. 

Sec.  5130.  Before  the  expiration  of  sixty  days  from  the 
date  of  the  posting  of  the  notice  of  discovery  upon  his  claim 
as  aforesaid,  and  before  recording  the  notice  of  location  as 
required  by  section  5129,  the  locator  must  sink  a  discovery 
shaft  upon  the  claim  located  to  a  depth  of  at  least  ten  feet 
from  the  lowest  part  of  the  rim  of  such  shaft  at  the  surface, 
or  deeper  if  necessary,  to  show  by  such  work  a  lode  or  vein 
of  mineral  deposit  in  place.  A  cut  or  crosscut  or  tunnel  which 
cuts  the  lode  at  a  depth  of  ten  feet,  or  an  open  cut  at  least 
six  feet  deep,  four  feet  wide  and  ten  feet  in  length  along  the 
lode  from  the  point  where  the  same  may  be  in  any  manner 
discovered,  is  equivalent  to  such  discovery  shaft.  Such  work 
shall  not  be  deemed  a  part  of  the  assessment  work  required 
by  the  Revised  Statutes  of  the  United  States.  The  locator, 
or  some  one  for  him  who  did  work  upon  and  has  knowledge 
of  the  facts  relating  to  the  sinking  of  the  discovery  shaft, 
shall  make  and  attach  to  the  copy  of  the  notice  of  location  to 
be  recorded  an  affidavit  showing  the  compliance  by  the  locator 
with  the  provisions  of  this  section,  which  affidavit  shall  be 
recorded  with  such  copy  of  the  location  notice. 
L.  1898,  p.  17,  Sec.  3;  L.  1901,  p.  141,  Sec.  3. 

Abandoned  Claims  Deemed  Unappropriated  Mineral  Lands. 

Sec.  5131.  Abandoned  claims  shall  be  deemed  unappropri- 
ated mineral  lands,  and  titles  thereto  shall  be  obtained  as  in 
this  act  specified,  without  reference  to  any  work  previously 
done  thereon. 

L.  1898,  p.  17,  Sec.  4. 

Mining  Claims  Are  Real  Estate, 

Sec.  5132.  All  mining  claims,  whether  quartz  or  placer, 
shall  be  real  estate,  and  the  owner  of  the  possessory  right 
thereto  shall  have  a  legal  estate  therein  within  the  meaning 
of  section  325. 

L.  1898,  p.  17,  Sec.  5;  L.  1899,  p.  62,  Sec.  1. 

A  mining  claim  being  real  estate,  upon  the  death  of  the 
owner  passes  at  once  to  the  heir. 


MINING  LAWS  OF  OEEGON  181 

Lohmann  v.  Helmer,  104  Fed.  178;  Duffy  v.  Mix,  24  Or. 
265,  33  Pac.  807;  Allen  v.  Dunlap,  24  Or.  229,  33  Pac. 
675 ;  Herron  v.  Eagle  Min.  Co.,  37  Or.  157,  61  Jac.  417. 
Taxation,  Claim  Exempt  From,  Prior  to  Patent. 

Sec.  5133.  Prior  to  the  obtaining  of  patent  from  the  general 
government  of  the  United  States  to  such  claim,  the  same  shall 
be  exempt  from  taxation,  except  as  to  the  improvements, 
machinery,  and  buildings  thereon. 

L.  1898,  p.  17,  Sec.  6. 
Conveyances,  Subject  to  Provisions  Relating  to  Other  Real 

Property. 

Sec.  5134.  All  conveyances  of  mining  claims,  or  of  interests 
therein,  either  quartz  or  placer,  shall  be  subject  to  the  pro- 
visions governing  transfers  and  mortgages  of  other  realty  as 
to  execution,  recordation,  foreclosure,  execution  sale,  and  re- 
demption thereunder,  but  such  redemption  by  the  judgment 
debtor  must  take  place  within  sixty  days  from  date  of  con- 
firmation, or  such  right  is  lost. 

L.  1898,  p.  17,  Sec.  7. 
Redemption,  Amount  Required  to  be  Paid  on. 

Sec.  5135.  In  case  of  redemption  from  sale  under  judg- 
ment or  decree,  the  redemptioner  shall  pay  such  sum  or  sums 
as  are  now  required  by  law  for  redemption  under  execution 
sale,  and  such  additional  sum  as  may  have  been  expended  upon 
the  property  so  redeemed  by  the  purchaser  under  execution, 
or  his  assigns,  in  order  to  keep  alive  the  possessory  right  there- 
to after  such  execution  sale,  not  exceeding  the  sum  of  one 
hundred  dollars  for  each  claim,  with  ten  per  centum  interest 
thereon  from  date  of  such  expenditure  or  expenditures. 

L.  1898,  p.  18,  Sec.  8. 

Ditches  and  Mining  Flumes  Real  Property — Abandonment  of. 
Sec.  5136.  Ditches  and  mining  flumes,  permanently  affixed 
to  the  soil,  are  hereby  declared  to  be  real  estate ;  provided,  that 
whenever  any  person,  company,  or  corporation,  being  the  own- 
er of  any  such  ditch,  flume,  and  the  water  right  appurtenant 
thereto,  shall  cease  to  operate  or  exercise  ownership  over  said 
ditch,  flume,  or  water  right,  for  a  period  of  five  years,  and  every 
person,  company,  or  corporation  who  shall  remove  from  this 
State  with  the  intent  or  purpose  to  change  his  or  its  residence, 
and  shall  remain  absent  one  year  without  using  or  exercising 
ownership  over  such  ditch,  flume,  or  water  right,  shall  be 
deemed  to  have  lost  all  title,  claim,  and  interest  therein. 

L.  1898,  p.  18,  Sec.  9.    Mattis  v.  Hosmer,  37  Or.  531,  535, 
62  Pac.  17,  632.     Ison  v.  Nelson  Min.  Co.,  47  Fed.  202. 
Dodge  v.  Harden,  7  Or.  457,  48  Or.  112. 
Act  Applies  to  Locations  Subsequent  to  Last  Day  of  Decem- 
ber, 1898. 

Sec.  5137.  Any  and  all  locations  or  attempted  locations  of 
quartz  mining  claims  within  this  State  subsequent  to  the  thir- 


182  MINING  LAWS  OF  OREGON 

ty-first  day  of  December,  1898,  that  shall  not  comply  and  be 
in  accordance  with  the  provisions  of  this  act  shall  be  null  and 
void. 

L.  1898,  p.  18,  Sec.  10. 
Grub  Staking  Contracts  Must  be  in  Writing — Requirements  of. 

Sec.  5138.  All  contracts  of  mining  copartnership,  common- 
ly known  as  "grub  staking,"  shall  be  in  writing,  and  filed  for 
record  with  the  recorder  of  conveyances  of  the  county  wherein 
locations  thereunder  are  made.  Such  contracts  must  contain: 
First — the  names  of  the  parties  thereto,  and,  Second — the  du- 
ration thereof ;  otherwise,  such  contracts  shall  be  null  and  void. 

L.  1898,  p.  18,  Sec.  11. 
Mines,  Location  of,  Subject  to  What  Prior  Right. 

Sec.  5139.  Any  location  of  any  mining  claim  made  upon 
any  natural  stream,  or  contiguous  or  near  to  any  placer  mine, 
or  upon  or  below  the  dump  of  any  placer  mine,  shall  be  sub- 
ject to  the  prior  right  of  all  mines  in  operation  prior  to  the 
making  of  such  location,  to  discharge  debris,  gravel,  earth,  and 
slickens  as  the  same  was  discharged,  or  may  be  discharged,  at 
the  time  of  making  such  subsequent  location  of  mining  claim 
or  claims. 

L.  1901,  p.  122,  Sec.  1. 
Defective  Location  Notice,  How  Cured. 

Sec.  5140.  If  at  any  time  the  locator  of  any  mining  claim 
heretofore  or  hereafter  located,  or  his  assigns,  shall  apprehend 
that  the  original  notice  of  location  of  said  mining  claim  was 
defective,  erroneous,  or  that  the  requirements  of  the  law  had 
not  been  complied  with  before  the  filing  of  the  said  notice, 
such  locator,  or  his  assigns,  may  post  and  file  for  record  in 
the  manner  now  provided  by  law,  an  amended  notice  of  the 
said  location  which  shall  relate  back  to  the  date  of  the  original 
location ;  provided,  that  the  posting  and  filing  of  such  amended 
notice  of  location  shall  not  interfere  with  the  existing  rights 
of  others  at  the  time  of  posting  such  amended  notice  of  location. 

L.  1905,  p.  254,  Sec.  1.     (See  Sees.  1981,  1989.) 
Co-Owners  of  Mine  May  Perform  Assessment  Work. 

Sec.  5141.  Whenever  any  quartz  or  placer  mines  shall  be 
owned  by  one  or  more  persons,  companies,  or  corporations,  or 
when  any  person,  company  or  corporation  shall  own  any  quartz 
or  placer  mines,  in  common  with  any  other  person,  company, 
or  corporation,  any  such  person,  company,  or  corporation  own- 
ing an  interest  in  said  mine  or  mines,  whether  said  interest  be 
legal  or  equitable,  shall  have  the  right  to  perform  the  annual 
assessment  work  required  by  the  laws  of  the  United  States  and 
of  the  State  of  Oregon  to  be  performed  upon  such  mine  or 
mines;  such  work,  when  so  performed,  shall,  when  it  complies 
with  the  laws  of  the  United  States  and  of  the  State  of  Oregon, 
protect  such  mine  or  mines  from  relocation. 


MINING  LAWS  OF  OREGON  183 

Notice  and  Demand  Upon  Delinquent  Owners. 

Sec.  5142.  Upon  the  failure  of  any  one  of  several  co-owners 
of  such  mine  or  mines  to  contribute  his  proportion  of  the  expen- 
ditures required  in  such  assessment  work,  or  to  perform  or  pay 
for  his  or  their  proportion  thereof,  the  co-owner  or  co-owners  of 
such  mine  or  mines  who  have  performed  or  caused  to  be  per- 
formed the  said  labor  or  assessment  work,  may,  at  the  expira- 
tion of  the  year  for  which  such  assessment  work  was  per- 
formed, give  such  delinquent  co-owner  or  co-owners  notice  that 
the  assessment  work  for  said  year  has  been  performed,  stating 
by  whom  performed,  and  the  amount  of  work  performed,  and 
the  dates  between  which  the  same  was  performed,  together 
with  a  statement  of  the  amount  due  from  said  delinquent  co- 
owner  or  co-owners  for  his  or  their  proportion  of  said  assess- 
ment work,  and  requiring  said  delinquent  co-owner  or  co- 
owners,  within  ninety  days  from  the  date  of  the  service  of 
said  notice,  to  pay  to  the  co-owner  or  co-owners  who  performed 
or  caused  to  be  performed  such  assessment  work,  his  or  their 
proportion  thereof.  Such  notice  shall  further  state  that  if 
such  delinquent  co-owner  or  co-owners  shall  fail  or  refuse  to 
contribute  his  or  their  proportion  due  for  the  said  assessment 
work,  his  or  their  interest  in  said  mine  or  mines  will  become 
the  property  of  such  co-owner  or  co-owners  who  have  per- 
formed or  caused  to  be  performed  such  assessment  work. 

Form  and  Service  of  Such  Notice. 

Sec.  5143.  Such  notice  shall  be  in  writing  and  signed  by  the 
co-owner  or  co-owners  who  performed  or  caused  to  be  performed 
such  assessment  work,  and  shall  be  served  upon  said  delinquent 
co-owner  or  co-owners,  personally,  by  the  sheriff  of  the  county 
in  which  said  mines  are  situate,  if  said  delinquent  co-owner  or 
co-owners  be  within  said  county.  If  said  delinquent  co-owner 
or  co-owners  can  be  found  in  any  other  county  within  the 
State  of  Oregon,  then  such  notice  shall  be  served  by  the  sheriff 
of  such  county  in  which  said  delinquent  co-owner  or  co-owners 
then  are.  If  said  delinquent  co-owner  or  co-owners  can  not 
be  found  within  the  State  of  Oregon,  or  if  said  delinquent 
co-owner  or  co-owners  be  at  the  time  of  giving  said  notice 
without  the  State  of  Oregon,  then  the  service  of  said  notice 
shall  be  made  by  the  publication  thereof  in  the  weekly  news- 
paper published  in  said  county  nearest  to  where  said  mines 
are  situate;  if  there  be  two  or  more  papers  published  in  said 
county  at  the  same  distance  from  said  mines,  then  the  co-owner 
or  co-owners  giving  such  notice  may  elect  as  to  which  paper 
said  notice  shall  be  published  in.  If  there  be  no  weekly  news- 
paper published  within  said  county,  then  service  of  said  notice 
shall  be  made  by  publication  in  any  other  weekly  newspaper 
within  the  State  of  Oregon,  published  nearest  the  said  mines; 
said  notice  shall  be  published  at  least  once  a  week  for  a  period 
of  ninety  days  from  and  after  the  first  publication  thereof. 


184  MINING  LAWS  OF  OREGON 

Return  and  Proof  of  Service. 

Sec.  5144.  If  said  notice  shall  be  served  by  any  sheriff 
of  this  State,  as  herein  provided,  such  sheriff  shall  make 
return  thereof  by  filing  such  notice  with  his  return  show- 
ing such  service  with  the  county  recorder  for  the  county 
within  which  such  mine  or  mines  are  situate,  if  there 
be  a  county  recorder  in  said  county;  and,  if  not,  he  shall 
file  the  same  with  the  county  clerk  in  such  county  in  which 
said  mine  or  mines  are  situate.  If  personal  service  of  such 
notice  cannot  be  had,  as  herein  provided,  proof  of  such  service 
shall  be  made  by  the  filing  with  the  county  recorder  of  the 
county  in  which  said  mine  or  mines  are  situate,  if  there  be  a 
county  recorder,  and  if  there  be  no  county  recorder  in  said 
county,  then  by  filing  with  the  county  clerk  of  said  county 
said  notice  as  published,  attached  to  an  affidavit,  made  by  the 
printer,  foreman,  or  publisher  of  such  newspaper,  to  the  effect 
that  such  newspaper  is  of  general  circulation  throughout  said 
county,  is  published  weekly,  and  that  such  notice  was  pub- 
lished at  least  once  a  week  in  said  newspaper  for  a  period  of 
not  less  than  ninety  days  from  and  after  the  first  publica- 
tion thereof. 
Interest  of  Delinquent  Co-Owners  to  Vest  in  Others. 

Sec.  5145.  That  at  the  expiration  of  ninety  days  from  the 
date  of  the  personal  service  of  said  notice  upon  said  delinquent 
co-owner  or  co-owners,  or,  if  at  the  expiration  of  ninety  days 
from  the  date  of  the  last  publication  of  said  notice,  said  delin- 
quent co-owner  or  co-owners  shall  not  have  paid  to  the  co- 
owner  or  co-owners  who  performed  or  caused  to  be  performed 
such  assessment  work,  his  or  their  proportion  thereof,  then 
the  title  to  the  interest  of  said  delinquent  co-owner  or  co- 
owners  in  said  mine  or  mines  shall  be  immediately  vested  in 
the  co-owner  or  co-owners  who  performed  or  caused  to  be  per- 
formed such  assessment  work. 
Co-Owners  Performing  Work  to  File  Notice,  etc. 

Sec.  5146.  The  co-owner  or  co-owners  who  performed  such 
assessment  work  shall  be  entitled  to  file  with  the  county  re- 
corder of  the  county  where  said  mines  are  situate,  or,  if  there  be 
no  county  recorder  in  said  courty,  then  with  the  county  clerk  of 
said  county,  his  or  their  affidavit  or  affidavits  to  the  effect  that 
said  payment  has  not  been  made;  and  upon  the  filing  of  such 
affidavit  or  affidavits  said  county  recorder  or  county  clerk,  as 
the  case  may  be,  shall  record  such  notice;  proof  of  service 
thereof,  and  affidavit  or  affidavits  in  a  book  kept  by  him  for 
such  purpose,  and  shall  then  and  there  issue  to  such  co-owner 
or  co-owners  who  shall  have  performed  or  caused  to  be  per- 
formed such  assessment  work,  a  certificate  to  the  effect  that  he 
has  filed  and  recorded  said  notice,  proof  of  service,  and  affi- 
davit or  affidavits  of  non-payment,  and  to  the  effect  that  such 
co-owner  or  co-owners  who  have  performed  or  caused  to  be 


MINING  LAWS  OF  OREGON  185 

performed  such  assessment  work,  have  become  and  are  the 
owners  of  all  of  the  right,  title,  and  interest  of  said  delinquent 
co-owner  or  co-owners  of  said  property. 
Fee  for  Issuance  of  Certificate, 

Sec.  5147.     Such  certificate  shall  not  be  issued  until  such  co- 
owner  or  co-owners  entitled  to  the  same  shall  have  paid  to  the 
said  county  recorder  or  county  clerk,  as  the  case  may  be,  a 
fee  of  $1  for  such  certificate. 
Counter  Affidavits,  Suit,  Decree,  etc. 

Sec.  5148.  If  prior  to  the  issuing  of  such  certificate,  there 
shall  be  filed  with  said  county  recorder  or  county  clerk  an  affi- 
davit or  affidavits  to  the  effect  that  such  payment  has  not  been 
made  by  such  delinquent  co-owner  or  co-owners,  and  there  shall 
also  within  said  time  have  been  filed  with  said  county  recorder 
or  county  clerk  an  affidavit  by  the  delinquent  co-owner  or  co- 
owners  that  such  payment  has  been  made,  then  said  county 
recorder  or  county  clerk,  as  the  case  may  be,  shall  not  issue 
such  certificate,  but  such  parties  shall  be  left  to  establish  such 
fact  by  suit  to  quiet  the  title  to  said  premises,  and  if,  in  such 
suit,  it  shall  appear  either  that  the  assessment  work  was  not 
performed  by  the  co-owner  or  co-owners  claiming  to  have  per- 
formed the  same,  or  that  the  delinquent  co-owner  or  co-owners 
have  performed  or  paid  his  or  their  proportion  of  said  assess- 
ment work,  then  a  decree  shall  be  entered  in  said  suit  to  that 
effect;  but  if,  in  said  suit,  it.  shall  be  established  that  said 
assessment  has  been  performed  by  or  has  been  caused  to  be 
performed  by  the  co-owner  or  co-owners  claiming  to  have  per- 
formed, or  caused  the  same  to  have  been  performed,  and  that 
the  delinquent  co-owner  or  co-owners  have  not  performed  their 
proportion  thereof,  or  have  not  paid  their  proportion  thereof, 
then  a  decree  shall  be  entered  therein  decreeing  the  co-owner 
or  co-owners  who  have  performed  said  assessment  work  to  be 
the  owner  or  owners  of  all  of  the  interest  of  said  delinquent 
co-owner  or  co-owners  in  said  premises,  which  decree  shall  be 
entitled  to  record  in  the  miscellaneous  records  kept  by  the 
county  recorder  or  county  clerk  in  said  county,  and  shall 
be  indexed  in  the  index  with  the  record  of  deeds  and  mining 
conveyances  for  said  county. 
Certificate,  Force  and  Effect. 

Sec.  5149.  Such  certificate,  when  issued  as  herein  provided, 
shall  be  equivalent  to  a  deed  from  such  delinquent  co-owner 
or  co-owners  of  all  of  their  interests  in  and  to  all  of  said  mines 
described  in  such  notice,  and  shall  convey  the  interest  of  the 
delinquent  co-owner  or  co-owners  in  said  premises  to  the  co- 
owner  or  co-owners  who  performed  or  caused  to  be  performed 
such  assessment  work;  such  certificate  may  be  introduced  in 
evidence  in  any  cause  where  the  ownership  of  said  property 
may  become  material,  and  when  so  introduced  shall  have  the 
same  force  and  effect  as  would  a  duly  executed  and  delivered 


186  MINING  LAWS  OF  OREGON 

deed   from   such   delinquent   co-owner   or   co-owners   of   said 
premises. 

Certified  Copy  of  Certificate,  Notice  and  Return,  etc. 

Sec.  5150.  A  certified  copy  of  such  certificate,  and  the  certi- 
fied copy  of  such  notice  and  return  when  made  and  certified  to 
by  such  county  recorder  or  county  clerk,  as  the  case  may  be, 
shall  be  admissible  in  evidence  in  any  trial  where  it  is  material 
to  establish  the  proof  of  service  of  such  notice  or  the  ownership 
of  said  property.  Such  certificate,  when  given  by  such  re- 
corder or  county  clerk,  shall  be  entitled  to  record  in  the  office 
of  the  officer  issuing  the  same,  upon  the  payment  of  the  same 
fees  as  are  required  for  the  recording  of  said  mining  con- 
veyances; such  county  clerk  or  county  recorder,  as  the  case 
may  be,  shall  keep  a  record  book,  showing  the  record  of  such 
certificates  as  shall  be  recorded  by  him,  and  upon  recording 
the  same,  shall  index  the  said  certificates  in  a  book  kept  by 
him  for  that  purpose,  and  shall  likewise  index  the  same  in  the 
deed  records  of  mining  conveyances  kept  by  him.  Such  in- 
dexing and  recording  shall  have  the  same  force  and  effect  as 
the  indexing  and  recording  of  deeds  to  other  real  property, 
and  shall  give  like  constructive  notice. 
L.  1903,  p.  326,  Sec.  1. 

Disposal  of  Fees. 

Sec.  5151.     All  fees  collected  under  this  act  shall  be  the 
property  of  the  county  in  which  the  same  are  collected,  and 
shall  be  accounted  for  by  the  officer  collecting  the  same,  the 
same  as  other  recording  fees  are  accounted  for. 
L.  1903,  p.  330,  Sec.  2. 

Mine  Bell  Signals,  Code  of. 

Sec.  5152.  From  and  after  the  passage  of  this  act  the  fol- 
lowing bell  signals  shall  be  used  in  all  mines  in  the  State  of 
Oregon  operating  a  steam,  electrical,  gasoline,  or  other  hoist- 
ing plant,  to-wit: — 

1  bell Hoist  (see  Rule  2) 

1  bell Stop  (see  Rule  2) 

2  bells Lower  (see  Rule  2) 

2-2  bells Calls  top  man  to  collar  of  shaft 

3  bells Man  to  be  moved,  run  slow  (see  Rule  2) 

3-1  bells Man  to  be  hoisted,  run  slow  (see  Rule  2) 

3-2  bells. .  .Man  to  be  lowered,  run  slow  (see  Rule  2) 

4  bells Move  bucket  or  cage  very  slow 

4-1  bells Start  pump 

4-2  bells Stop   pump 

1-3  bells Start  air  compressor 

2-3  bells Stop  air  compressor 

5  bells Send  down  tools  (see  Rule  4) 

6  bells Send  down  timbers   (see  Rule  4) 

7  bells . .  Accident 


MINING  LAWS  OF  OKEGON  187 

1-4  bells Foreman  wanted 

2-2-2  bells  Change  bucket  from  ore  to  water  or  vice 
versa. 

3-2-1  bells Ready  to  shoot  in  shaft  (see  Rule  3) 

Engineer's  signal  that  he  is  ready  to  hoist,  raise  bucket  or 
cage  two  feet  and  lower  it  again  (see  Rule  3).  The  bucket 
or  cage  must  be  raised  from  station  six  feet  when  not  in  use, 
notice  being  given  to  engineer  to  that  effect,  as  follows :  Ring 
one  bell,  hoist;  and  when  bucket  or  cage  up  six  feet,  one  bell, 
stop.  Levels  shall  be  designated  and  inserted  in  notice  here- 
inafter mentioned  (see  Rule  1). 

L.  1901,  p.  151,  Sec.  1. 

Rules  for  Understanding  and  Enforcing  Code  of  Signals. 

Sec.  5153.  For  the  purpose  of  enforcing  and  properly 
understanding  the  above  code  of  signals,  the  following  rules 
are  hereby  established: 

Rule  1 — In  giving  signals  make  strokes  on  bell  at  regular 
intervals.  The  bar  (-)  must  take  the  same  time  as  for  one 
stroke  on  the  bell,  and  no  more.  If  timber,  tools,  the  fore- 
man, bucket,  or  cage  are  wanted  to  stop  at  any  level  in  the 
mine,  signal,  by  number  of  strokes  on  the  bell,  the  number  of 
the  level  first  before  giving  the  signal  for  timber,  tools,  etc. 
The  time  between  the  signals  to  be  double  bars  (--).  Exam- 
ple :  6-  -5,  would  mean,  stop  at  the  sixth  level  with  tools ; 
2-  -3-1,  would  mean,  stop  at  the  second  level,  man  on  bucket  or 
cage,  hoist ;  4-  -3-1,  would  mean,  stop  at  the  fourth  level,  man 
on  bucket  or  cage,  hoist;  2-  -3-2,  would  mean,  stop  at  the 
second  level,  man  on  bucket  or  cage,  lower. 

Rule  2 — No  person  must  get  on  or  off  the  bucket  or  cage 
while  in  motion.  When  men  are  to  be  hoisted  or  lowered, 
give  the  signal  for  men ;  men  must  then  get  on  bucket  or  cage ; 
then  give  the  signal  to  hoist  or  lower.  Bell  cord  must  be  at 
all  times  within  reach  of  man  on  bucket  or  cage. 

Rule  3 — After  the  signal,  ''ready  to  shoot  in  shaft,"  engi- 
neer must  give  his  signal,  when  he  is  ready  to  hoist,  i  e.,  raise 
the  bucket  or  cage  two  feet,  then  lower  it  again.  Miners  must 
then  give  signal,  "men  to  be  hoisted,"  then  "spit  fuse,"  get 
on  bucket  or  cage,  and  give  the  signal  to  hoist. 

Rule  4 — All  timbers,  tools,  etc.,  "longer  than  the  depth  of 
the  bucket  or  cage,"  to  be  hoisted  or  lowered,  must  be  secure- 
ly lashed  at  the  upper  end  to  the  cable.  Miners  must  know 
that  they  will  ride  up  or  down  the  shaft  without  catching  on 
rocks  or  timbers  and  be  thrown  out. 

Rule  5 — The  foreman  will  see  that  one  printed  sheet  of 
these  signals  and  rules  for  each  level,  one  for  the  collar  of 
the  shaft,  and  one  for  the  engine  room,  are  attached  to  a  board 
not  less  than  twelve  inches  wide  by  thirty-six  inches  long,  and 


188  MINING  LAWS  OF  OKEGON 

securely  fasten  the  board  up  where  the  signals  can  be  easily 
read  at  the  places  above  stated. 
L.  1901,  p.  152,  Sec.  2. 

Disobedience  of  Rules  Precludes  Recovery — Rules,  etc.,  to  be 
Signed. 

Sec.  5154.  The  above  signals  must  be  obeyed.  Any  violation 
of  the  same  will  be  grounds  for  discharge  of  the  party  or  parties 
so  doing.  No  person,  company,  corporation,  or  individuals  oper- 
ating a  mine  within  the  State  of  Oregon,  shall  be  responsible 
for  accidents  that  may  happen  to  men  disobeying  the  above 
rules  and  signals.  Said  rules  and  signals,  on  notice  as  above 
set  out,  shall  be  signed  by  the  superintendent  or  person  hav- 
ing charge  of  the  mine,  who  shall  designate  the  corporation 
or  owner  of  the  said  mine. 
L.  1901,  p.  153,  Sec.  3. 

tenalty  "Where  Company  Disobeys  Act. 

Sec.  5155.  Any  person,  company,  corporation,  or  indi- 
viduals operating  any  mine  within  the  State  of  Oregon  hav- 
ing in  operation  a  steam,  electrical,  gasoline,  or  other  hoist- 
ing plant  as  above  described,  who  shall  fail  to  comply  with 
the  terms  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  subject  to  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  two  hundred  and 
fifty  dollars. 

L.  1901,  p.  153,  Sec.  4. 

WATER  RIGHTS  FOR  MINING. 

Rights  of  Way  for  Water  Ditches  and  Pipes. 

Sec.  3940.  A  right  of  way  for  the  construction  of  a  water 
ditch  to  be  used  for  irrigation,  manufacturing,  or  mining  pur- 
poses, ditches  or  water  pipes  for  conveying  water  to  cities  and 
towns  for  domestic  purposes,  or  for  the  extinguishment  of  fires, 
is  hereby  granted  to  any  individuals  or  corporations  who  may 
construct  such  water  ditches  or  water  pipes  over  any  of  the 
State  lands  belonging  to  the  State  of  Oregon — tide,  swamp, 
and  overflowed  lands,  and  school  lands — for  a  distance  on  each 
side  of  said  ditches  or  water  pipes  of  twenty-five  feet. 
L.  1885,  p.  73,  Sec.  2;  H.  C.  Sec.  4058. 

Copy  of  Notes  of  Survey  of  Ditches,  etc.,  to  be  Filed. 

Sec.  3941.  It  shall  be  the  duty  of  said  railroad  corporation 
or  water  company  or  individuals  constructing  said  railroads, 
water  ditches  or  water  pipes  to  file  a  copy  of  the  field  notes 
of  the  survey  of  such  railroads,  ditches  or  water  pipes  with 
the  Secretary  of  State  of  the  State  of  Oregon,  showing  the 
location  of  said  railroad,  water  dich  or  water  pipe. 
L.  1885,  p.  73,  Sec.  3;  H.  C.  Sec.  4059. 


MINING  LAWS  OF  OREGON  181) 

Navigation  and  Vested  Water  Rights  Not  to  be  Impaired. 

Sec.  6216.  Navigation  shall  never  in  anywise  be  impaired 
by  the  operation  of  this  act,  nor  shall  any  vested  interest  in 
or  to  any  mining  water  rights  or  ditches,  or  in  or  to  any  water 
or  water  rights,  or  reservoirs  or  dams,  now  used  by  the  owners 
or  possessors  thereof  in  connection  with  any  mining  industry, 
or  by  persons  purchasing  or  renting  the  use  thereof,  or  in  or 
to  any  other  property  now  used,  directly  or  indirectly,  in 
carrying  on  or  promoting  the  mining  industry,  ever  be  affected 
by  or  taken  under  its  provisions,  save  and  except  that  rights 
of  way  may  be  acquired  over  the  same. 
L.  1895,  p.  32,  Sec.  47. 

Use  of  Water  for  Mining  and  Electrical  Power  a  Public  One. 

Sec.  6551.  The  use  of  the  water  of  the  lakes  and  running 
streams  of  the  State  of  Oregon  for  the  purpose  of  developing 
the  mineral  resources  of  the  State,  and  to  furnish  electrical 
power  for  all  purposes,  is  declared  to  be  a  public  and  bene- 
ficial use  and  a  public  necessity,  and  the  right  to  divert  un- 
appropriated waters  of  any  such  lakes  or  streams  for  such  pub- 
lic and  beneficial  use  is  hereby  granted. 

(Here  follows  proviso  that  this  section  does  not  include 
Multonomah  or  Coon  Creek.) 

L.  1899,  p.  172;  L.  1907,  p,  288. 

Who  May  Use  Water  for  Electric  Power  and  Mining. 

Sec.  6552.  All  persons,  companies,  and  corporations  having 
title  or  possessory  right  to  any  mineral  or  other  lands,  shall  be 
entitled  to  the  use  and  enjoyment  of  the  water  of  any  lake 
or  running  stream  within  the  State  for  mining  and  other  pur- 
poses in  the  development  of  the  mineral  resources  of  the  State 
or  to  furnish  electrical  power  for  any  purposes;  and  such 
waters  may  be  made  available  to  the  full  extent  of  the  capacity 
thereof  without  regard  to  deterioration  in  quality  or  diminua- 
tion  in  quantity,  so  that  such  use  of  the  same  does  not  ma- 
terially affect  or  impair  the  rights  of  prior  appropriations. 

L.  1899,  p.  172,  Sec.  2. 
Right  of  Way  and  Reservoir  Sites  May  be  Condemned. 

Sec.  6553.  All  such  persons,  companies,  and  corporations 
may  appropriate  and  divert  such  waters,  and  may  condemn 
right  of  way  for  ditches,  canals,  flumes,  and  pipe  lines  for 
the  carrying  of  same,  and  may  condemn  the  rights  of  riparian 
proprietors  upon  the  lake  or  stream  from  which  such  appro- 
priation is  made,  upon  complying  with  the  terms  of  this  act. 
Such  persons,  companies,  and  corporations  shall  also  have  the 
right  to  condemn  lands  for  the  sites  of  reservoirs  for  storing 
water  for  future  use,  and  for  rights  of  way  for  feeders  carry- 
ing water  to  such  reservoirs,  and  for  ditches,  canals,  flumes,  or 
pipe  lines  carrying  the  same  away,  and  shall  have  the  right 
to  take  from  any  lake  or  running  stream  in  this  State  and 


190  MINING  LAWS  OF  OREGON 

store  away  any  water  not  previously  appropriated  or  not 
needed  for  immediate  use  by  any  person  having  a  superior 
right  thereto. 

L.  1899,  p.  172,  Sec.  3. 

Land  May  be  Entered  Upon  for  Surveys  and  Location. 

Sec.  6554.  Such  persons,  companies,  and  corporations  may 
enter  upon  any  land  for  the  purpose  of  locating  a  point  of 
diversion  of  the  water  intended  to  be  appropriated,  and  upon 
any  land  lying  between  such  point  and  the  lower  terminus  of 
its  proposed  ditch,  canal,  flume,  or  pipe  line  for  the  purpose 
of  examining  the  same  and  of  locating  and  surveying  the  line 
of  such  ditch,  canal,  flume,  or  pipe  line,  together  with  the  line 
of  necessary  distributing  ditches  and  feeders  for  reservoirs, 
and  to  locate  and  determine  the  site  for  reservoirs  for  stor- 
ing water. 

L.  1899,  p.  173,  Sec.  4. 

Appropriator  Must  Post  Notice. 

Sec.  6555.  When  a  point  of  diversion  shall  have  been 
selected,  such  appropriator  shall  post  in  a  conspicuous  place 
thereat  a  notice  in  writing  containing  a  statement  of  the  name 
of  the  ditch,  canal,  flume,  or  pipe  line  and  of  the  owner  thereof, 
the  point  at  which  its  head  gate  is  proposed  to  be  constructed, 
a  general  description  of  the  course  of  said  ditch,  canal,  flume, 
or  pipe  line,  the  size  or  dimensions  of  the  same  in  width. and 
depth,  the  number  of  cubic  inches  of  water  (by  miners' 
measurement  under  a  six-inch  pressure)  intended  to  be  ap- 
propriated, and  the  number  of  reservoirs,  if  any. 
L.  1899,  p.  173,  Sec.  5. 

Maps  of  Description  and  Definite  Location  to  be  Filed. 

Sec.  6556.  Within  ten  days  from  the  date  of  posting  such 
notice,  such  appropriator  shall  file  for  record  in  the  office  of 
the  county  clerk  or  recorder  of  conveyances,  as  the  case  may 
be,  of  the  county  in  which  said  ditch  or  canal  or  flume  or 
pipe  line,  distributing  ditches,  reservoirs,  and  feeders  are  situ- 
ated, a  similar  notice,  and  at  the  same  time  shall  file  a  map 
showing  the  general  route  of  said  ditch  or  canal  or  flume  or 
pipe  line ;  and  in  case  said  ditch  or  canal  or  flume  or  pip-e  line, 
distributing  ditches,  reservoirs,  and  feeders  shall  not  lie 
wholly  in  one  county,  such  notice  and  map  shall  be  filed  in 
the  office  of  the  county  clerk  or  recorder  of  conveyances  of 
each  county  in  which  any  portion  of  said  ditch  or  canal,  flume, 
pipe  line,  distributing  ditches,  reservoirs,  and  feeders  may  be 
situated.  Within  sixty  days  from  the  completion  of  such  ditch 
or  canal  or  flume  or  pipe  line,  such  appropriator  shall  in  like 
manner  file  a  map  of  definite  location  of  said  ditch  or  canal 
or  flume  or  pipe  line,  by  legal  subdivisions  of  the  land  tra- 
versed thereby  in  case  it  is  surveyed,  with  the  points  of  loca- 
tion of  reservoirs,  if  any,  designated  thereon.  It  shall  be  the 


MINING  LAWS  OF  OEEGON  191 

duty  of  every  county  clerk  or  recorder  of  conveyances,  im- 
mediately upon  the  filing  of  such  notice  in  his  office,  to  record 
the  same  in  a  book  kept  for  such  purpose,  and  he  shall  file  and 
preserve  such  maps  among  the  records  of  his  office. 
L.  1899,  p.  173,  Sec.  6. 

Appropriator  May  Proceed  to  Condemn  Right  of  Way. 

Sec.  6557.  When  such  person,  company,  or  corporation 
shall  have  acquired  the  right  to  appropriate  water  in  the 
manner  hereinbefore  provided,  it  may  proceed  to  condemn 
lands  and  premises  necessary  for  right  of  way  for  its  ditch  or 
canal  or  flume  or  pipe  line,  and  likewise  for  its  distributing 
ditches  and  feeders  and  for  sites  for  reservoirs;  but  right  of 
way  for  the  main  line  of  said  ditch  or  canal  or  flume  or  pipe 
line  shall  not  exceed  fifty  feet  in  width,  and  for  each  dis- 
tributing ditch  or  feeder  thirty  feet  in  width,  and  for  a  site 
for  each  reservoir  twenty  acres  from  one  owner,  or  for  every 
ten  thousand  inches  of  water  (miners'  measurement,  as  afore- 
said), or  fraction  thereof  over  half,  of  the  capacity  of  the  main 
ditch  or  canal  or  flume  or  pipe  line  for  every  twenty  miles 
of  its  length. 

L.  1899,  p,  174,  Sec.  7. 

Mode  of  Procedure  to  Condemn. 

Sec.  6558.  Whenever  any  person,  company,  or  corporation 
authorized  as  hereinbefore  provided  to  appropriate,  water  and 
to  construct  and  maintain  a  ditch  or  canal  or  flume  or  pipe 
line  for  mining  purposes,  or  to  furnish  electrical  power  for 
any  purpose,  and  to  condemn  lands  for  right  of  way  and  sites 
for  reservoirs,  is  unable  to  agree  with  the  owner  of  such  lands 
as  to  compensation  to  be  paid  therefor,  or  if  such  owner  be 
absent  from  the  State  or  incapable  of  acting,  such  person, 
company,  or  corporation  may  maintain  an  action  in  the  cir- 
cuit court  of  the  county  in  which  the  lands  sought  to  be  appro- 
priated or  some  portion  thereof  are  situated,  for  the  purpose 
of  having  such  lands  appropriated  to  its  use  and  for  deter- 
mining the  compensation  to  be  paid  to  such  owner  therefor. 
The  proceedings  in  such  action,  to  final  determination,  shall 
be  the  same  as  those  prescribed  in  Chapter  II  of  Title  XLI. 
L.  1899,  p.  174,  Sec.  8. 

Appropriation  Below  Contiguous  Owners'  Point  of  Diversion. 
Sec.  6559.  Such  persons,  companies,  and  corporations  may 
also  maintain  an  action  for  the  condemnation  and  appropria- 
tion of  the  right  to  the  flow  of  water  in  any  stream  from 
which  it  or  they  propose  to  divert  water  below  the  point  of 
diversion  vested  in  the  owners  of  lands  lying  contiguous  to 
such  stream  by  virtue  of  their  location.  Such  action  shall  be 
brought  in  the  county  where  the  lands  to  be  affected,  or  some 
portion  thereof,  are  situated,  and  the  manner  of  procedure 
therein  shall  be  similar  to  that  prescribed  for  the  condemna- 


192  MINING  LAWS  OF  OREGON 

tion  of  lands  in  Chapter  I  of  Title  XLV;  provided,  that  no 
person  owning  lands  lying  contiguous  to  any  natural  stream 
shall,  without  his  consent,  be  deprived  of  water  for  household 
or  domestic  use,  or  for  the  purpose  of  watering  his  stock,  or 
of  water  necessary  to  irrigate  crops  growing  upon  such  lands, 
and  actually  used  therefor,  nor  shall  the  rights  of  any  prior 
appropriator,  without  his  consent,  be  materially  affected  or  im- 
paired, regardless  of  whether  such  appropriation  was  made  for 
use  upon  riparian  or  nonriparian  land. 
L.  1903,  Special  Session,  p.  25,  Sec.  1. 

Actual  Construction,  When  to  be  Begun. 

Sec.  6560.  Within  six  months  from  the  date  of  the  posting 
of  the  notice  above  prescribed,  the  persons,  companies,  and  cor- 
porations proposing  to  appropriate  the  water  therein  mentioned 
shall  commence  the  actual  construction  of  their  or  its  pro- 
posed ditch  or  canal  or  flume  or  pipe  line,  and  shall  prosecute 
the  same  without  intermission  (except  as  resulting  from  the 
act  of  God,  the  elements,  or  unavoidable  casualty)  until  the 
same  be  completed;  and  the  actual  capacity  of  said  ditch  or 
canal  or  flume  or  pipe  line  when  completed  shall  determine 
the  extent  of  the  appropriation,  anything  contained  in  the 
notice  to  the  contrary  notwithstanding.  Upon  a  compliance 
with  the  provisions  of  this  act,  the  right  to  the  use  of  the  water 
appropriated  shall  relate  back  to  the  date  of  posting  said  notice. 
L.  1899,  p.  174,  Sec.  10. 

Existing  Appropriations  Upheld. 

Sec.  6561.  All  existing  appropriations  of  water  made  for 
beneficial  purposes  by  any  persons,  corporation,  or  company, 
in  accordance  with  the  laws  of  the  United  States,  or  in  accord- 
ance with  the  laws  of  the  State  of  Oregon  or  the  decisions  of 
the  supreme  court,  or  the  established  customs  and  regulations 
of  the  district  in  which  such  appropriations  have  been  made, 
shall  be  respected  and  upheld  to  the  extent  of  the  amount  of 
water  actually  appropriated,  nor  shall  any  existing  mill  be  de- 
prived of  its  water  power,  however  lawfully  acquired,  without 
the  consent  of  its  owner ;  and  all  controversies  respecting  rights 
to  water  under  the  provisions  of  this  act  shall  be  determined 
by  the  date  of  the  appropriations  as  respectively  made  there- 
under by  the  parties. 

L.  1899,  p.  175,  Sec.  11. 

Extension  of  Ditch  to  Conform  to  Changes  Requiring  It, 

Sec.  6562.  In  case  the  channel  of  any  natural  stream  shall 
become  so  cut  out,  lowered,  turned  aside,  or  otherwise 
changed,  from  any  cause,  as  to  prevent  any  ditch  or  canal  or 
flume  or  pipe  line  or  feeder  of  any  reservoir  from  receiving  the 
proper  inflow  of  water  to  which  it  may  be  entitled  from  such 
natural  stream,  the  persons,  companies,  or  corporations  owning 
such  ditch  or  canal  or  pipe  line,  flume,  or  feeder  shall  have  the 


MINING  LAWS  OF  OREGON  193 

right  to  extend  the  head  of  such  ditch  or  canal  or  pipe  line, 
flume,  or  feeder  to  such  distance  upon  the  streams  which  sup- 
plies the  same  as  may  be  necessary  for  securing  a  sufficient  flow 
of  water  into  the  same ;  and  for  such  purpose  such  persons,  com- 
panies, or  corporations  shall  have  the  same  right  to  maintain 
proceedings  for  condemnation  of  right  of  way  for  such  exten- 
sion as  in  case  of  constructing  a  new  ditch,  and  the  priority  of 
right  to  take  the  water  from  such  stream  through  any  ditch 
or  canal  or  pipe  line,  flume,  or  feeder  shall  be  unaffected  in 
any  respect  by  reason  of  a  change  in  the  place  of  diversion; 
provided,  no  such  change  shall  interfere  with  the  complete  use 
or  enjoyment  of  any  other  ditch  or  canal,  pipe  line,  flume,  or 
feeder  lawfully  constructed ;  and  when  from  any  cause  the  line 
of  any  ditch  or  canal,  pipe  line,  flume,  or  feeder  along  the  line 
of  common  user,  by  reason  of  the  faulty  construction  of  such 
portion  of  such  ditch,  canal,  flume,  or  pipe  line,  and  the  per- 
sons, companies,  or  corporations  securing  the  use  of  the  same 
shall  be  liable  to  the  owner  persons,  companies,  or  corporations 
for  all  damages  by  it  sustained  growing  out  of  the  enlargement 
of  said  ditch,  canal,  flume,  or  pipe  line,  or  the  increased  volume 
of  water  turned  therein. 

Bond  for  Payment  of  Costs  of  Change. 

Sec.  6563.  Before  proceeding  to  secure  the  right  to  make  use 
of  any  portion  of  the  ditch,  canal,  flume,  or  pipe  line,  the  per- 
sons, companies,  or  corporations  seeking  to  secure  the  same 
shall  execute  and  deliver  to  the  owner  persons,  companies,  or 
corporations  a  bond  with  sufficient  sureties  in  an  amount  equal 
to  the  original  cost  of  construction  and  the  estimated  cost 
of  enlargement  of  the  portion  of  said  ditch,  canal,  flume,  or 
pipe  line  sought  to  be  subjected  to  a  double  use,  conditional 
for  the  payment  on  demand  to  the  owner  persons,  companies, 
or  corporations  of  a  reasonable  proportion  of  the  original  cost 
of  construction  of  such  portion  of  said  ditch,  canal,  flume,  or 
pipe  line  and  of  the  cost  of  enlargement  thereof,  together  with 
a  reasonable  proportion  of  the  cost  of  its  maintenance  as  en- 
larged and  of  all  damages  that  may  at  any  time  accrue  to 
the  owner  persons  or  companies  or  corporations  and  for  which 
it  shall  have  a  right  of  recovery  against  said  other  persons, 
companies,  or  corporations  by  reason  of  the  provisions  of  this 
section;  provided,  that  in  case  the  persons,  companies,  or  cor- 
poration owning  said  ditch,  canal,  flume,  or  pipe  line  shall 
object  to  the  amount  or  sufficiency  of  the  sureties  on  such  bond, 
it  shall  serve  upon  the  corporations,  companies,  or  persons  de- 
siring to  use  such  ditch,  canal,  flume,  or  pipe  line  within  ten 
days  after  receiving  said  bond  a  notice  specifying  particularly 
the  objections  thereto,  and  the  sufficiency  of  the  sureties,  or 
the  amount  of  the  bond  shall  be  determined  by  the  judge  of 
the  circuit  court  of  the  county  where  said  ditch,  canal,  flume, 
or  pipe  line  is  situated,  and  said  judge  may  hear  evidence  at 


194  MINING  LAWS  OF  OREGON 

chambers  in  relation     *     *     *     as  originally  constructed  can 
no  longer  be  maintained,  the  persons,  companies,  or  corpora 
tions  owning  the  same  may  alter  the  course  thereof  and  for 
such  purpose  may  condemn  lands  for  right  of  way  as  in  case 
of  original  construction. 

L.  1899,  p.  175,  Sec.   12. 
Shortest  Practicable  Route  Must  be  Selected. 

Sec.  6564.  Whenever  it  becomes  necessary  to  construct  any 
ditch,  canal,  flume,  pipe  line,  distributing  ditches,  or  feeders 
across  the  improved  or  occupied  lands  of  another,  under  the 
provisions  of  this  act  such  persons,  companies,  or  corporations 
shall  select  the  shortest  and  most  direct  route  practicable, 
having  reference  to  cost  of  construction,  upon  which  said  ditch, 
canal,  flume,  pipe  line,  distributing  ditches,  or  feeders  can  be 
constructed  with  uniform  or  nearly  uniform  grade. 

L.  1899,  p.  177,  Sec.  13. 
Land  Not  to  be  Burdened  With  More  Than  One  Ditch. 

Sec.  6565.  No  tract  or  parcel  of  improved  or  occupied  land 
in  this  State  shall,  without  the  written  consent  of  -the  owner 
thereof,  be  subjected  to  the  burden  of  two  or  more  ditches  or 
canals,  flumes,  or  pipe  lines,  constructed  under  this  act  for 
the  purpose  of  conveying  water  through  said  property  when 
the  same  object  can  be  feasibly  and  practically  attained  by 
uniting  and  conveying  all  the  water  necessary  to  be  conveyed 
through  such  property  in  one  ditch,  canal,  flume,  or  pipe  line, 
and  any  persons,  companies,  or  corporations  having  constructed 
a  ditch,  canal,  flume,  or  pipe  line  for  the  purpose  hereinbefore 
provided  shall  allow  any  other  persons,  companies,  or  cor- 
porations to  enlarge  such  ditch,  canal,  flume,  or  pipe  line,  so 
as  not  to  interfere  with  the  operations  of  the  persons,  com- 
panies, or  corporations  owning  the  same,  and  use  such  ditch, 
canal,  flume,  or  pipe  line  in  common  with  the  persons,  com- 
panies, or  corporations  owning  the  same,  upon  payment  to  such 
persons,  companies,  or  corporations  of  a  reasonable  proportion 
of  the  cost  of  constructing  and  maintaining  such  ditch,  canal, 
flume,  or  pipe  line.  Such  persons,  companies,  or  corporations 
shall  be  jointly  liable  to  any  person  damaged. 

L.  1899,  p,  177,  Sec.  14. 
Natural  Depressions  in  Earth  May  be  Utilized. 

Sec.  6566.  In  constructing  a  ditch,  canal,  flume,  or  pipe  line, 
distributing  ditches  or  feeders,  under  the  provisions  of  this  act, 
the  owner  or  owners  thereof  may  make  use  of  natural  depres- 
sions in  the  earth  along  the  line  thereof  to  all  intents  and  pur- 
poses as  parts  of  said  ditch,  canal,  flume,  or  pipe  line,  distri- 
buting ditches  or  feeders;  and  it  may  conduct  the  water  ap- 
propriated by  it  along  the  channel  of  any  natural  stream,  but 
not  so  as  to  raise  the  water  thereof  above  ordinary  high-water 
mark,  and  may  take  the  same  out  again  at  any  point  desired 
without  regard  to  the  prior  rights  of  others  to  water  from 


MINING  LAWS  OF  OREGON  195 

said  stream,  but  due  allowance  shall  be  made  for  evaporation 
and  seepage. 

L.  1899,  p.  177,  Sec.  15. 

Head  Gates  Must  be  Maintained. 

Sec.  6567.  The  owner  or  owners  of  every  ditch,  canal,  flume, 
or  pipe  line  constructed  under  the  provisions  of  this  act  shall 
be  required  to  erecfc  and  keep  in  good  repair  a  head  gate  at 
the  head  of  its  ditch,  canal,  flume,  or  pipe  line,  which,  together 
with  the  necessary  embankments  shall  be  of  sufficient  height 
and  strength  to  control  the  water  at  all  ordinary  stages.  The 
framework  of  such  head  gate  shall  be  of  timber  not  less  than 
four  inches  square,  and  the  bottom,  sides,  and  gate  or  gates 
shall  be  of  plank  not  less  than  two  inches  in  thickness. 
L.  1899,  p.  177,  Sec.  16. 

Liability  for  Damages  From  Leakage  or  Overflow. 

Sec.  6568.  The  owner  or  owners  of  every  ditch,  canal,  flume, 
or  pipe  line  constructed  under  the  provisions  of  this  act  shall  be 
liable  for  all  damages  done  to  the  persons  or  property  of  others, 
arising  from  leakage  or  overflow  of  water  therefrom  growing 
out  of  want  of  strength  in  the  banks  or  walls,  or  negligence  or 
want  of  care  in  the  management  of  said  ditch,  canal,  flume, 
or  pipe  line,  or  reservoir;  provided,  that  damages  resulting 
from  extraordinary  and  unforeseen  action  of  the  elements,  or 
attributed  in  whole  or  in  part  to  the  wrongful  interference  of 
another  with  said  ditch,  canal,  flume,  pipe  line,  or  reservoir, 
which  may  not  be  known  to  said  corporation  for  such  length 
of  time  as  would  enable  it  by  the  exercise  of  reasonable  efforts 
to  remedy  the  same,  shall  not  be  recovered  against  said  corpora- 
tions, companies,  or  persons. 
L.  1899,  p.  178,  Sec.  17. 

Bridges  at  Road  Crossing,  Liability  for  Neglect  to  Build. 

Sec.  6569.  The  owner  or  owners  of  every  ditch,  canal,  flume, 
or  pipe  line  constructed  under  the  provisions  of  this  act  across 
any  public  highways  or  public  traveled  road  shall  put  a  good 
substantial  bridge,  not  less  than  fourteen  feet  in  breadth,  over 
such  ditch,  canal,  or  flume  where  it  crosses  said  highway  or 
road.  Travel  shall  not  be  suspended  by  the  construction  of 
said  ditch,  canal,  flume,  or  pipe  line,  and  such  bridge  shall  be 
completed  within  three  days  from  the  time  said  highway  or 
road  is  intersected.  In  case  such  bridge  is  not  so  constructed 
and  completed,  it  shall  be  the  duty  of  the  road  supervisor 
of  the  road  district  in  which  the  point  of  intersection  is  situated 
to  construct  said  bridge,  and  he  shall  bring  an  action  in  his  own 
name,  as  supervisor,  for  the  use  and  benefit  of  his  road  district, 
in  any  court  of  competent  jurisdiction,  to  recover  the  expense 
of  constructing  said  bridge;  and  in  such  action,  in  addition 
to  the  costs  and  disbursements  provided  by  statute,  he  shall 
recover  such  sum  as  the  court  or  justice,  if  the  action  be  brought 


196  MINING  LAWS  OF  OREGON 

in  a  justice's  court,  may  adjudge  to  be  reasonable  as  attorney 
fees  in  said  action.  Appeals  may  be  taken  in  such  cases  as  in 
other  actions. 

L.  1899,  p.  178,  Sec.  18. 
Embankments  and  Reservoirs  Must  be  Built  and  Kept  so  as  to 

Prevent  Damage. 

Sec.  6570.  The  owner  or  owners  of  every  ditch,  canal,  flume, 
or  pipe  line  constructed  under  the  provisions  of  this  act  shall 
carefully  keep  and  maintain  the  embankments  and  walls  there- 
of, and  of  any  reservoir  constructed  to  be  used  in  conjunction 
therewith,  so  as  to  prevent  the  water  from  wasting  and  from 
flooding  or  damaging  the  premises  of  others;  and  it  shall  not 
divert  at  any  time  any  water  for  which  it  has  not  actual  use 
or  demand. 

L.  1899,  p.  178,  Sec.  19. 
Right  to  Appropriate  Lost  by  Abandonment. 

Sec.  6571.  The  right  to  appropriate  water  thereby  granted 
may  be  lost  by  abandonment;  and  if  any  persons,  companies, 
or  corporations  constructing  a  ditch,  canal,  flume,  or  pipe  line 
under  the  provisions  of  this  act  shall  fail  or  neglect  to  use  the 
same  for  a  period  of  two  years  at  any  time,  it  shall  be  taken 
and  deemed  to  have  abandoned  its  appropriation,  and  the  water 
appropriated  shall  revert  to  the  public  and  be  subject  to  other 
appropriations  in  order  of  priority ;  but  the  question  of  aban- 
donment shall  be  one  of  fact,  to  be  tried  and  determined  as 
other  questions  of  fact. 

L.  1899,  p.  179,  Sec.  20. 
Willful  Injury  to  Ditch,  etc.,  Penalty  for. 

Sec.  '6572.  Any  person  who  shall  knowingly  and  willfully 
cut,  dig,  break  down,  or  open  any  gate,  bank,  embankment, 
or  side  of  any  ditch,  canal,  flume,  or  pipe  line,  feeder,  or  reser- 
voir, constructed  under  the  provisions  of  this  act,  the  prop- 
erty of  another,  with  intent  maliciously  to  injure  the  owner 
or  owners  of  such  property  or  any  other  person,  or  for  his  or 
her  own  gain,  by  unlawfully  causing  the  water  contained  in 
said  ditch,  canal,  flume,  pipe  line,  feeder,  or  reservoir  to  run 
or  pour  thereout  with  intent  of  stealing  the  same  or  appropri- 
ating it  for  his  or  her  own  gain,  profit,  benefit,  or  advantage, 
without  the  consent  of  the  owner  or  owners  thereof,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  three  hundred  dollars,  or  by  imprisonment  in  the  county 
jail,  not  less  than  one  month  nor  more  than  one  year.  Justices' 
courts  shall  have  jurisdiction  of  all  prosecutions  arising  under 
this  section.  The  person  so  trespassing  shall  also  be  liable  for 
all  damages  caused  by  his  or  her  act  to  the  owner  or  owners 
of  said  property,  or  any  person  or  persons  injured  by  his  or 
her  wrongful  act. 

L.  1899,  p.  179,  Sec.  21, 


MINING  LAWS  OF  OEEGON  197 

Parties  in  Suits  for  Protection  of  Water  Rights. 

Sec.  6573.  In  any  suit  which  may  hereafter  be  commenced 
for  the  protection  of  rights  to  water  acquired  under  the  pro- 
visions of  this  act,  the  plaintiff  may  make  any  and  all  persons 
who  have  diverted  water  from  the  same  stream  or  source 
parties  to  such  suit,  and  the  court  may  in  one  decree  deter- 
mine the  relative  priorities  and  rights  of  all  parties  to  such 
suit.  Any  person  claiming  a  right  on  said  stream  or  source, 
not  made  a  party  to  such  suit,  may  become  such  on  application 
to  the  court,  when  it  is  made  to  appear  that  he  is  interested  in 
the  result  of  the  suit,  and  may  have  his  right  determined ;  and 
the  court  may.  at  any  stage,  on  its  own  motion,  require  any  or 
all  persons  having  or  claiming  rights  to  water  on  said  stream 
or  source  to  be  brought  in  and  made  parties  to  said  suit,  when 
it  appears  that  a  complete  determination  of  the  issue  involved 
cannot  be  made  without  the  presence  of  such  person  or  persons. 

L.  1899,  p.  179,  Sec.  22. 
Rights  of  Way  Over  State  Lands. 

Sec.  6574.  The  right  of  way,  to  the  extent  hereinbefore 
specified,  for  the  ditches  or  canals,  flumes,  pipe  lines,  distribut- 
ing ditches,  and  feeders  of  any  persons,  companies,  or  corpora- 
tions appropriating  water  under  the  provisions  of  this  act, 
across  any  and  all  lands  belonging  to  the  State  of  Oregon, 
and  not  under  contract  of  sale,  is  hereby  granted. 
L.  1899,  p.  180,  Sec.  23. 

MINING  CORPORATIONS. 

(See  also  whole  of  Title  XLIV,  " Lord's  Oregon  Laws,"  for 
formation  of  corporations  generally.) 

Of  What  Corporations  and  on  What  Conditions  Majority  of 
Directors  May  be  Non-residents — Meetings  Out  of  State. 

Sec.  6690.  A  majority  of  the  directors  of  any  corporation  in 
corporated  under  the  laws  of  this  State  for  the  puspose  in  whole 
or  in  part  of  and  actually  engaged  as  its  principal  business  in  ac- 
quiring, owning,  or  working  mines,or  acquiring,  owning  or  oper- 
ating quartz  mills,  reduction  works,  smelters,  or  power  plants 
for  mining  purposes,  or  acquiring,  constructing  or  operating 
steam  or  electric  railroads  as  a  common  carriermay,  while  such 
corporation  is  so  engaged  in  the  business  aforesaid  as  its  princi- 
pal business,  and  no  longer,  reside  out  of  the  State  of  Oregon, 
and  any  such  corporation  may  have  offices  and  officers  without 
said  State,  and  meetings  of  its  directors  may  be  held  without 
the  State  of  Oregon;  but  at  least  one  director  of  every  said 
corporation  shall  reside  in  this  State,  and  every  such  corpora- 
tion, if  its  president  does  not  reside  in  this  State,  must  at  all 
times  maintain  within  the  State,  and  within  the  county  where 
its  principal  office  and  place  of  business  is  located,  an  agent 
upon  whom  any  and  all  summons,  writs  and  process  issued 
to  or  against  such  corporation  by  the  courts  of  this  State,  or 


198  MINING  LAWS  OF  OREGON 

the  courts  of  the  United  States  holding  terms  therein,  may 
be  served,  and  shall  file  with  the  Secretary  of  State,  with  its 
annual  statement,  and  at  other  times  when  its  agents  shall 
cease  to  serve  as  such,  die  or  otherwise  become  disqualified,  a 
power  of  attorney,  appointing  a  person  therein  named  as  its 
duly  authorized  agent,  stating  his  full  name  and  residence,  and 
service  of  any  summons,  writ  or  process  upon  such  agent  shall 
be  equivaleent  to  service  upon  the  president  or  other  proper 
officers  of  such  corporation;  if  the  president  of  such  corpora- 
tion does  not  reside  within  the  State  of  Oregon,  and  the  cor- 
poration shall  fail  or  neglect  to  maintain  such  an  agent  upon 
whom  service  may  be  had,  the  statute  of  limitations  shall  cease 
to  run  in  favor  of  such  corporation  during  the  period  when 
such  failure  or  neglect  shall  continue. 

L.  1905,  p.  322;  L.  1907,  p.  288. 

Sec.  6713.  Every  corporation  formed  or  organized  under 
and  pursuant  to  the  laws  of  the  State  of  Oregon,  whether  now 
existing  or  hereafter  created,  for  the  purpose  of  engaging  in 
the  business  of  mining  for  any  of  the  precious  metals,  and 
whose  business  it  shall  be  to  engage  in  said  business  only, 
shall,  during  the  month  of  June  of  each  year,  and  on  or  before 
the  first  day  of  July  of  each  year,  furnish  to  the  Secretary  of 
State,  upon  blanks  to  be  supplied  by  him  for  that  purpose, 
a  correct  statement  sworn  to  by  one  of  its  officers  before  some 
officer  authorized  to  administer  oaths,  setting  forth  in  detail 
the  name  of  the  corporation,  the  location  of  its  principal  office, 
the  names  of  the  president,  secretary,  and  treasurer  thereof, 
with  the  postoffice  address  of  each,  the  date  of.  the  annual 
election  of  officers  and  directors  of  such  corporation,  the 
amount  of  the  authorized  capital  stock,  the  number  of  shares 
and  par  value  of  each  share,  the  amount  of  the  capital  stock 
subscribed,  the  amount  of  capital  stock  issued,  and  the  amount 
of  the  capital  stock  paid  up,  the  amount  of  its  properties  in 
this  State  and  where  the  same  are  located;  also  stating  in 
general  terms  the  amount  of  work  done  thereon,  and  improve- 
ments made  thereon  since  the  time  of  filing  the  last  annual 
report,  together  writh  a  statement  of  the  amount  and  value  of 
the  annual  output  or  products  of  the  mines  of  such  corpora- 
tion, between  the  first  day  of  January  and  the  thirty-first  day 
of  December  of  the  year  preceding,  and  that  said  corporation 
is  not  engaged  in  or  transacting  any  other  business  except  that 
of  locating,  prospecting,  developing  or  operating  mines  for 
precious  metals,  and  any  such  mining  corporation  whose  annual 
output  or  products  shall  not  exceed  in  value  the  sum  of  one 
thousand  dollars,  shall  if  such  above-provided  statement  is  filed 
in  the  office  of  the  Secretary  of  State  during  the  month  of  June 
and  on  or  before  the  first  day  of  July  of  each  year,  thereupon 
be  exempt  from  the  payment  of  the  annual  license  fee  as  now 
provided  by  law,  but  in  lieu  thereof  shall  pay  an  annual  license 
fee  of  ten  dollars ;  provided,  that  no  such  corporation  shall  be 


MINING  LAWS  OF  OEEGON  199 

required  to  make  such  statement  if  it  shall  file  the  statement 
and  pay  the  annual  license  fee  required  by,  "An  Act  to  pro- 
vide for  the  licensing  of  domestic  corporations  and  foreign 
corporations,  joint  stock  companies,  and  associations,"  etc., 
approved  February  16,  1903,  or  hereafter  required  by  law. 

New  Amendment  of  Sec.  6713  of  Feb.  8,  1911. 
Statement  of  License  Fees — Failure  to  Pay — Liabilities. 

Sec.  6714.  On  or  before  the  fifteenth  day  of  July  of  each 
year,  the  Secretary  of  State  shall  file  with  the  State  Treasurer 
a  statement  showing  the  amount  of  license  fee  due,  as  ascer- 
tained in  the  foregoing  manner,  from  the  different  corpora- 
tions hereinbefore  referred  to.  Within  thirty  days  thereafter, 
every  such  corporation  shall  pay  or  cause  to  be  paid  to  the 
State  Treasurer  the  license  fee  hereinbefore  mentioned.  Any 
such  corporation  failing  or  refusing  to  render  such  statement, 
or  to  amend  the  same  when  required  to  do  so  by  the  Secre- 
tary of  State,  in  case  the  same  shall  be  incomplete,  irregular, 
or  unsatisfactory,  or  to  pay  such  license  fee,  for  more  than 
twenty  days  after  the  time  above  specified,  or  any  corporation, 
joint  stock  company,  or  association  doing  business  in  this  State 
contrary  to  this  act,  shall  be  liable  to  a  fine  of  ($100)  one 
hundred  dollars,  to  be  recovered,  together  with  any  license  fee 
due  by  an  action  at  law  in  the  name  of  the  State,  to  be  insti- 
tuted by  any  district  attorney  of  the  State  at  the  request  of 
the  Secretary  of  State.  The  annual  license  fee  required  by 
this  act  shall  be  paid  in  advance  for  the  fiscal  year  beginning 
July  1  of  each  year,  and  in  case  of  new  corporations  formed 
during  the  fiscal  year,  the  first  year's  fee  shall  be  proportioned 
to  such  fraction  of  a  year. 

L.  1905,  p.  376,  Sec.  2. 

Mining  and  Other  Private  Corporations  May  Condemn  Land. 
Sec.  6857.  Any  corporation  organized  for  the  purpose  of 
opening  or  operating  any  gold,  or  silver,  or  copper  vein  or  lode, 
or  any  coal  or  other  mine ;  or  any  marble,  stone,  or  other  quarry ; 
or  for  cuttingor  transporting  timber,  lumber  or  cordwood,  or  for 
the  manufacture  of  lumber,  shall  have  the  right  to  construct 
and  operate  railroads,  skid  roads,  tramways,  chutes,  and  flumes 
between  such  points  as  may  be  indicated  in  their  articles  of 
incorporation,  and  shall  have  a  right  to  enter  upon  any  land 
between  such  points  for  the  purpose  of  examining,  locating,  and 
surveying  the  line  of  such  railroads,  skid  roads,  tramways, 
chutes  and  flumes,  doing  no  unnecessary  damage  thereby,  and 
such  corporation  shall  have  the  power  to  appropriate  so  much 
of  said  land  as  may  be  necessary  for  the  same  not  exceeding 
sixty  feet  in  width,  and  may  maintain  an  action  for  the  appro- 
priation thereof  in  the  manner  and  form  as  by  law  provided 
by  any  railway,  macadamized  road,  plank  road,  clay  road, 
canal,  or  bridge,  and  with  like  effect. 

L.  1895,  p.  6. 


200  MINING  LAWS  OF  OREGON 

LIENS  OF  MINERS,  ETC. 

Liens  of  Laborers,  Material  Man,  etc. 

Section  7444  to  section  7450  inclusive,  provide  for  liens  on 
mines  for  laborers'  wages  and  for  value  of  material  furnished 
for  mines,  also  time  for  filing  same  and  procedure  to  enforce 
such  liens.  (Too  long  for  this  book.) 

LOCATION  NOTICE— LODE  CLAIM. 

For  this  form  use  same  as  given  for  Arizona  (see  page  37). 

LOCATION  NOTICE— PLACER  CLAIM. 

For  this  form  use  same  as  given  for  California  (see  end  of 
California  Laws). 

AFFIDAVIT  OF  ANNUAL  LABOR. 

For  this  form  use  same  as  given  for  Arizona. 


WILSON'S 

Corporation  Laws 

OF 

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and  Nevada 

ANNOTATED— WITH  FORMS 

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of  Corporations  and  Business  Men  generally. 


PRICE  (IN  CLOTH)  $2.00 


Compiled  by 
CALVERT    WILSON 

Attorney-at-Law 

WILCOX  BUILDING,  LOS  ANGELES,  CAL. 


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Los  Angeles 


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MINING  LAWS  OF  UTAH 

(See  also  U.  S.  Mining  Laws.) 


f 

I 
: 


REVISED  STATUTES. 

Sec.  1337.  (In  Mines  and  Smelters.)  The  period  of  employ- 
ment of  working  men  in  all  underground  mines  or  workings, 
and  in  smelters  and  all  other  institutions  for  the  reduction  or 
refining  of  ores  or  metals,  shall  be  eight  hours  per  day,  except 
in  cases  of  emergency  where  life  or  property  is  in  imminent 
danger.  Any  person,  body  corporate,  agent,  manager  or  em- 
ployer who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor. 
14  Utah  96,  14  Utah  71. 

Sec.  1338.  (This  Section  makes  it  a  misdemeanor  to  employ 
any  child  under  14  years  or  any  female  in  any  mine  or 
smelter.) 

Sec.  1381.  (Liens  on  Mines.)  The  provisions  of  this  chapter 
shall  apply  to  all  persons  who  shall  do  work  or  furnish 
materials  for  the  working,  preservation,  or  development  of  any 
mine,  lode,  mining  claim,  or  deposit  yielding  metals  or  minerals 
of  any  kind,  or  for  the  working,  preservation,  or  development 
of  any  such  mine,  lode,  or  deposit  in  search  of  such  metals  or 
minerals,  and  to  all  persons  who  shall  do  work  or  furnish 
materials  upon  any  shaft,  tunnel,  incline,  adit,  drift,  drain,  or 
other  excavation  of  any  such  mine,  lode,  or  deposit;  PRO- 
VIDED, that  when  two  or  more  such  lodes  or  deposits,  owned 
or  claimed  by  the  same  person  or  persons,  or  where  the  owners 
are  different  persons,  and  the  same  with  the  consent  of  all 
shall  be  worked  through  a  common  shaft,  tunnel,  incline,  adit, 
drift,  or  other  excavation,  then  all  the  mines,  lodes,  or  de- 
posits so  worked  shall,  for  the  purpose  of  this  chapter,  be 
deemed  one  mine. 

6  Utah  351,  151  U.  S.  447,  104  U.  S.  176. 

Sec.  1382.  (Id.  Attaches  to  Lessee's  Interest.)  The  next 
preceding  section  shall  not  be  deemed  to  apply  to  the  owner  or 

J^wners  of  any  mine,  lode,  deposit,  shaft,  tunnel,  incline,  adit, 
rift  or  other  excavation  when  the  same  shall  be  worked  by  a 
issee,  under  bond  or  otherwise ;  but,  in  such  case,  the  persons 
ntitled  to  a  lien  under  this  chapter  shall  have  a  lien  on  the 
leasehold  interest  and  on  the  ores  and  mineral  bearing  rock 
or  dirt  mined  and  excavated  by  the  lessee. 

Section  1495.  (Extent.  No  location  to  be  made  until  dis- 
covery of  vein.)  A  Mining  Claim,  whether  located  by 


204  MINING  LAWS  OF  UTAH 

one  or  more  persons,  may  equal,  but  shall  not  exceed, 
one  thousand  five  hundred  feet  in  length  along  the  vein  or 
lode ;  but  no  location  of  a  mining  claim  shall  be  made  until  the 
discovery  of  the  vein  or  lode  within  the  limits  of  the  claim 
located.  Any  lode  mining  claim  may  extend  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  except 
where  adverse  rights  render  a  lesser  width  necessary.  The 
end  lines  of  each  claim  must  be  parallel. 

1  Utah  173,  2  Utah  174,  22  Utah  438,  23  Utah  410. 
Sec.  1496.     (Monument  Notice.)     The  locator  at  the  time 
of  making  the  discovery  of  such  vein  or  lode,  must  erect  a 
monument  at  the  place  of  discovery,  and  post  thereon  his  notice 
of  location,  which  notice  shall  contain: 
1st.     The  name  of  the  lode  or  claim. 
2nd.     The  name  of  the  locator  or  locators. 
3rd.     The  date  of  the  location. 

4th.  If  a  lode  claim,  the  number  of  linear  feet  claimed  in 
length  along  the  course  of  the  vein  each  way  from  the  point 
of  discovery,  with  the  width  on  each  side  of  the  center  of  the 
vein,  and  the  general  course  of  the  vein  or  lode,  as  near  as  may 
be,  and  such  a  description  of  the  claim,  located  by  reference 
to  some  natural  object  or  permanent  monument  as  will  identify 
the  claim, 

5th.  If  a  placer  or  millsite  claim,  the  number  of  acres  or 
superficial  feet  claimed,  and  such  a  description  of  the  claim 
or  millsite  located  by  reference  to  some  natural  object  or  per- 
manent monument  as  will  identify  the  claim  or  millsite. 

5  Utah  3,  1  Utah  292,  2  Utah  54,  3  Utah  94,  3  Utah  59, 

111  U.  S.  350,  3  Utah  77,  3  Utah  235,  7  Utah  8,  151  U.  S. 

317,  160  U.  S.  303,  6  Utah  273,  130  U.  S.  256,  4  Utah  521, 

116  U.  S.  418,  124  U.  S.  326,  2  Utah  174,  7  Utah  515,  160  U. 

S.  303,  10  Utah  266,  11  Utah  324,  9  Utah  192,  3  Utah  160, 

98  U.  S.  463,  2  Utah  355. 

Sec.  1497.  (Boundaries  Marked.)  Mining  Claims  and  mill 
sites  must  be  distinctly  marked  on  the  ground,  so  that  the 
boundaries  thereof  can  be  readily  traced. 

Sec.  1498.  (Filing  Copy  of  Notice.  Fee.)  Within  thirty 
days  from  the  date  of  posting  the  location  notice  upon  the 
claim  the  locator  or  locators,  or  his  or  their  assigns,  must  file 
for  record  in  the  office  of  the  County  Recorder  of  the  county 
in  which  such  claim  is  situated,  if  said  claim  be  situated  with- 
out and  beyond  an  original  mining  district,  a  substantial  copy 
of  such  notice  of  location.  Such  County  Recorder  shall  charge 
and  collect  a  fee  of  50c  for  first  folio,  and  for  each  additional 
folio,  20c;  and,  providing  further,  that  where  more  than  two 
locators  sign  the  said  notice  of  location,  an  additional  fee  of 
lOc  shall  be  charged  for  each  additional  name,  said  fee  shall 
be  for  filing,  recording,  indexing  and  abstracting  such  notice; 
provided,  that  such  notice  of  location  shall  not  be  abstracted 


MINING  LAWS  OF  UTAH  205 

unless  a  subsequent  conveyance  affecting  the  same  property 
be  filed  for  record,  when  said  notice  shall  be  abstracted. 

Sec.  1499.  (Notice  of  assessment  work  being  done.)  Every 
person  or  company  owning  a  group  of  claims,  and  doing 
the  development  or  assessment  work,  for  said  group  at  one 
point,  shall  post  a  notice  upon  each  claim  at  the  discovery 
monument,  stating  where  such  work  is  being  done,  and  also 
post  a  notice  at  the  entrance  of  the  workings,  where  said  work 
is  done,  stating  the  names  of  the  claims  for  which  the  work  is 
done. 

Sec.  1500.  (Filing  affidavit  of  work  done.)  The  owner 
of  any  quartz  lode  or  placer  mining  claim  who  shall  do 
or  perform,  or  cause  to  be  done  or  performed  the  annual 
labor  or  improvements  required  by  the  laws  of  the  United 
States,  in  order  to  prevent  a  forfeiture  of  the  claim,  must, 
within  thirty  days  after  the  completion  of  such  work  or  im- 
provements, file  in  the  office  of  the  county  recorder  in  which 
the  greater  part  of  the  mining  district,  in  which  such  claim  is 
located,  is  situated,  his  affidavit  or  an  affidavit  or  affidavits  of 
the  person  or  persons  who  performed  or  directed  such  labor 
or  made  or  directed  such  improvements,  and  shall  file  a  dupli- 
cate thereof  with  the  district  mining  recorder  of  the  district 
in  which  said  claim  is  situated,  showing: 

1st.     The  name  of  the  claim,  and  where  situated. 

2nd.  The  number  of  days  work  done  and  the  character  and 
value  of  the  improvements  placed  thereon. 

3rd.  The  date  or  dates  of  performing  said  labor  and  making 
said  improvements  and  number  of  cubic  feet  of  earth  or  rock 
removed. 

4th.  At  whose  instance  or  request  said  work  was  done,  or 
improvements  made. 

5th.  The  actual  amount  paid  for  said  labor  and  improve- 
ments, and  by  whom  paid,  when  the  same  was  not  done  by 
the  owner  or  owners  of  said  claim. 

Such    affidavits    or    duly    certified    copies    thereof    shall    be 
prima  facie  evidence  of  the  facts  therein  stated. 
Ill  U.  S.  350,  6  Utah  183,  160  U.  S.  303. 

Sec.  1501.  (Reorganization  of  mining  districts.)  Mining 
districts  may  be  organized,  and  all  existing  districts  may 
be  reorganized,  and  the  rules  and  regulations  of  the  said 
mining  district  shall  govern  the  said  district  according  to  the 
laws  of  the  United  States,  in  cases  where  a  district  organiza- 
tion is  desired ;  PROVIDED,  that  the  nearest  boundary  line  of 
any  mining  district  shall  not  be  within  ten  miles  from  the 
county  recorder's  office  of  any  county. 

Sec.  1502.  (Copying  records.  Expense.)  Upon  application 
of  the  district  mining  recorder  of  any  mining  district  to  the 
board  of  county  commissioners  of  the  county  having  in 
custody  the  records  of  the  said  mining  district,  the  said  board 


206  MINING  LAWS  OF  UTAH 

of  county  commissioners  shall  cause  the  records  of  such  district 
to  be  copied  by  the  county  recorder,  and  shall  cause  all  records 
of  documents  pertaining  to  district  mining  records,  recorded 
since  June  4th,  1896,  up  to  the  time  of  delivery,  to  be  recorded 
in  the  original  records  of  the  mining  district  in  which  the 
property  is  situated,  and  the  original  records  when  so  amended 
shall  be  delivered  to  such  district  mining  recorder.  The  copy 
so  made  shall  remain  in  the  office  of  the  county  recorder,  and 
shall  be  considered  as  the  original  record.  One-half  of  the 
expense  of  copying  such  records  shall  be  paid  out  of  the  county 
treasury,  and  one-half  shall  be  paid  out  of  the  state  treasury. 

Sec.  1503.  (Duplicate  Notice  of  Location.  Fee.  Penalty.) 
It  shall  be  the  duty  of  every  district  mining  recorder  to 
require  every  person  depositing  for  record  a  notice  of  location 
to  make  a  duplicate  copy  thereof,  which  copy  said  mining 
recorder  shall  carefully  compare  with  the  original  and  mark 
' '  duplicate ' '  and  endorse  thereon'  his  name  and  the  date  and 
hour  of  filing  in  his  office  of  the  original.  He  shall  at  time  of 
filing  duplicate  notice  with  the  original,  collect,  in  addition 
to  his  own  fee,  the  fee  for  the  County  Recorder  for  recording 
such  duplicate.  Said  fee  to  be  computed  at  the  rate  of  50c 
for  the  first  folio,  and  for  each  additional  folio  20c;  and,  pro- 
viding further,  that  where  more  than  two  locators  sign  the 
said  rlotice  of  location,  an  additional  fee  of  lOc  shall  be  charged 
for  each  additional  name.  He  shall  immediately  deposit  the 
duplicate  copy  with  the  County  Recorder  of  the  county  in 
which  the  greater  part  of  the  said  mining  district  is  located 
for  record,  or  forward  the  same  to  him  by  mail  or  express, 
or  in  such  other  manner  as  will  insure  safe  transit  and  delivery. 
The  fee,  computed  as  hereinbefore  described,  shall  accompany 
the  duplicate.  The  County  Recorder  shall  record  said  dupli- 
cate with  the  endorsements  thereon  for  said  fee.  The  record 
of  said  duplicate  notice  in  the  office  of  the  County  Recorder 
shall  be  considered  an  original  record.  Every  person  neglect- 
ing or  refusing  to  comply  with  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
$300,  or  by  imprisonment  in  the  county  jail,  not  exceeding 
six  months,  or  by  both  such  fine  and  imprisonment. 

Approved  March  11,  1909. 

Sec.  1504.  (Copies  of  notices  to  be  received  as  evidence.) 
Copies  of  notices  of  location  of  mining  claims,  mill  sites 
and  tunnel  sites,  heretofore  recorded  in  the  records  of 
the  several  mining  districts,  and  copies  of  the  mining  rules 
and  regulations  in  force  in  the  several  mining  districts,  in  like 
manner  recorded,  heretofore  duly  certified  by  the  mining 
recorder,  shall  be  receivable  in  all  tribunals  and  before  all 
officers  of  this  state  as  prima  facie  evidence. 

Sec.  1505.     Where  books,  records  and  documents  pertaining 


MINING  LAWS  OF  UTAH  207 

to  the  office  of  district  mining  recorder  have  been  or  shall 
hereafter  be  deposited  in  the  office  of  any  county  recorder  of 
this  state,  such  county  recorder  is  authorized  to  make  and 
certify  copies  therefrom,  and  such  certified  copies  shall  be 
receivable  in  all  tribunals  and  before  all  officers  of  this  state 
in  the  same  manner  and  to  the  same  effect  as  if  such  records 
had  been  originally  filed  or  made  in  the  office  of  the  county 
recorder. 

Sec.  1506.  (County  Recorder  to  Record  Rules.  Certified  Cop- 
ies.) It  shall  be  the  duty  of  each  county  recorder  to  record 
the  mining  rules  and  regulations  of  the  several  mining  dis- 
tricts in  his  county  without  fee,  and  certified  copies  of 
such  records  shall  be  received  in  all  tribunals  and  before  all 
officers  of  this  state  as  prima  facie  evidence  of  such  rules  and 
regulations,  and  it  shall  be  his  duty  to  record,  index  and  ab- 
stract all  mining  location  notices  presented  for  record,  for  a 
fee  not  to  exceed  seventy-five  cents  for  each  notice  and  to  file 
and  index  all  affidavits  of  labor  presented  for  filing  affecting 
one  mining  claim  for  a  fee  not  to  exceed  twenty-five  cents; 
PROVIDED,  that  when  an  affidavit  of  labor  contains  the  name 
of  more  than  one  mining  claim,  an  additional  fee  of  ten  cents 
shall  be  charged  for  each  additional  claim  named  therein. 

Sec.  1506x.  (Recorder  of  Mining  District  to  give  Bond.)  The 
recorder  of  each  mining  district  shall  take  the  oath  of  office 
and  give  bond  with  sureties  in  the  penal  sum  of  one  thousand 
dollars.  Such  bond  must  be  approved  by  the  district  judge 
and  filed  in  the  office  of  the  county  clerk  of  the  county  in 
which  the  greater  part  of  the  said  mining  district  is  located. 
Where  the  recorder  of  any  mining  district  appoints  a  deputy, 
the  recorder  and  his  bondsmen  shall  be  responsible  for  the 
official  acts  of  such  deputy. 

Sec.  1506xi.  (District  Recorder  to  make  Copies.)  It  shall  be 
the  duty  of  the  recorder  of  a  mining  district  upon  request  and 
payment  or  tender  of  the  fees  therefor,  to  make  and  deliver  to 
any  person  requesting  the  same,  duly  certified  copies  of  any 
records  in  his  custody,  and  for  a  failure  so  to  do,  or  for  receiv- 
ing larger  fees  for  any  such  service  than  those  provided  he 
shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  1506xii.  (Vacancy.  County  Recorder  to  Receive  Records.) 
Whenever  there  is  a  vacancy  in  the  office  of  recorder  of  any 
mining  district,  or  the  person  holding  such  office  shall  remove 
from  the  district,  leaving  therein  no  qualified  successor  in 
office;  or  whenever  from  any  cause  there  is  no  person  in  such 
district  authorized  to  retain  the  custody  and  give  certified 
copies  of  the  records,  it  shall  be  the  duty  of  the  person  having 
custody  of  the  records  to  deposit  the  same  in  the  office  of  the 
county  recorder  of  the  county  in  which  such  mining  district 
or  the  greater  part  thereof  is  situated,  and  the  county  recorder 
shall  receive  such  records,  and  is  hereby  authorized  to  make 


208  MINING  LAWS  OF  UTAH 

and  certify  copies  therefrom,  and  such  certified  copies  shall 
be  received  in  evidence  in  all  courts  and  before  all  officers 
and  tribunals.  The  production  of  a  certified  copy  so  made, 
shall  be,  without  other  proof,  evidence  that  such  records  were 
properly  in  the  custody  of  the  county  recorder. 

Sec.  1535.  (Interfering  with  Notices,  Stakes,  Persons  in 
possession,  or  Records.)  Any  person  or  persons  who  shall 
willfully  or  maliciously  tear  down  or  deface  a  notice  posted 
on  a  mining  claim,  or  take  up  or  destroy  any  stake  or  monu- 
ment marking  any  such  claim,  or  interfere  with  any  person 
lawfully  in  possession  of  such  claim,  or  who  shall  alter,  erase, 
deface,  or  destroy  any  record  kept  by  a  mining  recorder,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five,  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  for  not  less 
than  ten  days,  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment.  Justices  of  the  peace  shall  have  jurisdic- 
tion of  such  offenses. 

Sec.  1536.  (Wrongful  taking  of  Ores.  Damages.)  Any 
person  wrongfully  entering  upon  any  mine  or  mining  claim, 
and  carrying  away  ores  therefrom,  or  wrongfully  extracting 
and  selling  ores  from  any  mine,  shall  be  liable  to  the  owner  or 
owners  of  such  ore  for  three  times  the  value  thereof ;  and  should 
the  plaintiff  file  his  affidavit  that  the  defendant  did  unlawfully 
take  ores,  the  defendant  may  be  arrested  and  held  to  bail, 
as  in  cases  for  the  recovery  of  the  possession  of  personal  pro- 
perty unjustly  detained. 


FENCING,  SHAFTS,  ETC. 

Sec.  1538.  (Inclosing  shaft.)  Any  person  that  has  sunk  or 
shall  sink  a  shaft  or  well  on  the  public  domain,  or  commons, 
for  any  purpose,  shall  inclose  such  shaft  or  well  with  a  sub- 
stantial curb  or  fence,  which  shall  be  at  least  four  and  a  half 
feet  high. 

Sec.  1539.  (Id.  Pits.  Slack  coal  burning.)  The  owner,  lessee 
or  agent  of  any  mine,  who,  by  working  such  mine,  has  caused 
or  may  hereafter  cause  the  surface  on  the  public  domain,  com- 
mons, highway,  or  other  lands  to  cave  in  and  form  a  pit  in 
which  persons  or  animals  are  likely  to  fall,  shall  cause  such 
cave  or  sink  to  be  filled  up,  or  to  be  securely  fenced  with  a 
good,  lawful  fence;  and  if  he  has  heaped  or  piled,  or  shall 
hereafter  heap  or  pile,  slack  coal  on  the  surface,  and  such  slack 
coal  shall  take  fire  and  endanger  the  life  or  safety  of  any  per- 
son or  animal,  he  shall  cause  the  fire  to  be  extinguished,  or  the 
burning  coal  to  be  inclosed  with  a  sufficient  fence. 

Sec.  1540.     (Penalty.)     Any  person  failing  to  comply  with 


MINING  LAWS  OF  UTAH  209 

the  provisions  of  this  chapter  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall  be  liable  for  all  damages. 

Sec.  2370.  (Mineral  lands  to  be  leased.)  Any  state  lands 
upon  which  stone,  coal,  coal  oil,  gas,  or  any  mineral  may  be 
found,  whether  such  land  has  theretofore  been  leased  for  a 
term  of  years  or  not,  may  be  leased  for  the  purpose  of  obtaining 
therefrom  such  stone,  coal,  coal  oil,  gas,  or  any  mineral,  for 
such  length  of  time  and  conditioned  upon  the  payment  to  the 
state  board  of  land  commissioners  of  such  royalty  upon  the 
product,  as  the  state  board  of  land  commissioners  may  deter- 
mine. 

Sec.  2371.  (Rules  regarding  lease.)  The  state  board  of 
land  commissioners  is  hereby  authorized  to  make  all  necessary 
rules  and  regulations  to  carry  the  foregoing  section  into  effect. 

Sec.  3134.     (Concerns  trials  of  mining  cases.) 
Sec.  3245.     (Property  exempt  from  execution.) 
5.     The  cabin  or  dwelling  of  a  miner  not  exceeding  in  value 
the  sum  of  five  hundred  dollars;  also  his  sluices,  pipes,  hose, 
windlass,  derrick,  cars,  pumps,  and  tools  not  exceeding  in  value 
five  hundred  dollars. 

Sec.  3511.     (Action  to  determine  adverse  claim.)     An  action 
may  be  brought  by  any  person  against  another  who  claims  an 
estate  or  interest  in  real  property  adverse   to   him,   for  the 
purpose  of  determining  such  adverse  claim. 
3  Utah  235. 

Sec.  3515.  (Order  for  survey  of  lands  and  mines.  Notice.) 
The  court  in  which  an  action  is  pending  for  the  recovery  of  real 
property,  or  for  damages  for  an  injury  thereto,  or  to  quiet  title, 
or  to  determine  adverse  claims  thereto,  or  a  judge  of  such  court 
may,  on  motion,  upon  notice  by  either  party,  for  good  cause 
shown,  grant  an  order  allowing  to  such  party  the  right  to  enter 
upon  the  property  and  make  survey  and  measurement  thereof, 
and  of  any  tunnels,  shafts  or  drifts  thereon,  for  the  purpose  of 
the  action,  even  though  entry  for  such  purpose  has  to  be  made 
through  other  lands  belonging  to  parties  to  the  action. 

Sec.  3521.  (Mining  customs  and  rules  control  when.)  In 
actions  respecting  mining  claims  proof  must  be  admitted  of  the 
customs,  usages  or  regulations  established  and  in  force  in  the 
district,  bar  diggings  or  camp  embracing  such  claim,  and  such 
customs,  usages  or  regulations  when  not  in  conflict  with  the 
laws  of  this  state,  or  of  the  United  States,  must  govern  the 
decision  of  the  action. 

EMINENT  DOMAIN. 

Sec.  3588.  (Exercised  in  behalf  of  what  uses.)  Subject  to 
the  provisions  of  chapter  65,  Revised  Statutes,  1898,  the  right 


210  MINING  LAWS  OF  UTAH 

of  eminent  domain  may  be  exercised  in  behalf  of  the  following 
public  uses: 

1.  All  public  uses  authorized  by  the  government  of  the 
United  States. 

5.  Reservoirs,    dams,   water-gates,    canals,    ditches,    flumes, 
tunnels,   aqueducts   and  pipes  for  supplying  persons,   mines, 
mills,  smelters  or  other  works  for  the  reduction  of  ores,  with 
water  for  domestic  or  other  uses,  or  for  irrigating  purposes, 
or  for  draining  and  reclaiming  lands,  or  for  floating  logs  and 
lumber  on  streams  not  navigable. 

6.  Eoads,  railroads,  tramways,  tunnels,  ditches,  flumes,  pipes 
and  dumping  places  to  facilitate  the  milling,  smelting  or  other 
reduction  of  ores,   or  the  working  of  mines,   coal  mines   or 
mineral  deposits;  outlets,  natural  or  otherwise,  for  the  deposit 
or  conduct  of  tailings,  refuse,  or  water  from  mills,  smelters 
or  other  works  for  the  reduction  of  ores,  or  from  mines,  quar- 
ries, coal  mines  or  mineral  deposits;  mill  dams;  natural  gas 
or  oil  lines,  tanks  or  reservoirs ;  "also  an  occupancy  in  common 
by  the  owners  or  possessors  of  different  mines,  quarries  coal 
mines,  mineral  deposits,  mills,  smelters,   or  other  places  for 
the  reduction  of  ores,  of  any  place  for  the  flow,  deposit  or 
conduct  of  tailings  or  refuse  matter. 

10.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts,  and 
pipes  for  supplying  and  storing  water  for  the  operation  of 
machinery  for  the  purpose  of  generating  and  transmitting  elec- 
tricity for  power,  light  or  heat. 

Sec.  4356.     (Concerns  larceny  of  ores,  etc.) 

Sec.  4399.  (Salting  Mines.  Fraudulent  Assay.)  Every 
person  who,  with  intent  to  cheat,  wrong,  or  defraud,  places  in 
or  upon  any  mine  or  mining  claim,  any  ores  or  specimens  of  ores 
not  extracted  therefrom,  or  exhibits  any  ore  or  certificate  of 
assay  of  ore  not  extracted  therefrom,  for  the  purpose  of  selling 
any  mine  or  mining  claim,  or  interest  therein,  or  who  obtains 
any  money  or  property  by  any  such  false  pretense  or  artifice, 
is  guilty  of  a  felony. 

Sec.  4400.  (Changing  samples  or  assay  certificate.)  Every 
person  who  interferes  with,  or  in  any  manner  changes,  samples 
of  ores  or  bullion  produced  for  sampling,  or  changes  or  alters 
samples  or  packages  of  ores  or  bullion  which  have  been  pur- 
chased for  assaying,  or  who  shall  change  or  alter  any  certificate 
of  sampling  or  assaying,  with  intent  to  cheat,  wrong,  or  de- 
fraud, is  guilty  of  a  misdemeanor. 

Sec.  4401.  (Making  or  publishing  false  assay.)  Every  per- 
son who,  with  intent  to  cheat,  wrong  or  defraud,  makes  or 
publishes  a  false  sample  of  ore  or  bullion,  or  who  makes  or 
publishes,  or  causes  to  be  published,  a  false  assay  of  ore  or  bul- 
lion, is  guilty  of  a  misdemeanor. 


MINING  LAWS  OF  UTAH  211 

COAL  MINES. 

An  Act  providing  for  the  appointment  of  a  coal  mine  in- 
spector, defining  his  duties,  fixing  his  salary  and  providing  for 
the  inspection  of  coal  and  hydro-carbon  mines;  providing  for 
the  health  and  safety  of  the  persons  employed  therein,  and  for 
the  protection  of  property  connected  therewith,  and  repealing 
chapter  2,  title  42,  of  the  Revised  Statutes  of  Utah,  1898. 

This  Act  can  be  found  on  page  221  of  the  1905  Session  Laws 
of  the  State  of  Utah.  It  is  too  long  for  this  book. 

FIRE  PROTECTION  IN  MINES. 

An  Act  to  provide  for  fire  protection  in  all  of  the  mines  of 
the  State  of  Utah,  and  defining  the  same. 

Section  1.  (Certain  mines  to  have  fire  protection.)  That 
all  mines  having  but  one  exit,  and  the  same  is  covered  with 
the  building  containing  the  mechanical  plant,  furnace  room, 
or  blacksmith  shop,  shall  have  fire  protection.  Where  steam  is 
used,  hose  of  sufficient  length  to  reach  the  farthest  point  of  the 
plant  shall  be  attached  to  feed  pump  or  injector,  and  the 
same  kept  ready  for  immediate  use.  In  mines  where  water  is 
not  available,  chemical  fire  extinguishers  or  hand  grenades  shall 
be  kept  in  convenient  places  for  immediate  use,  and  it  shall 
be  the  duty  of  any  owner  or  operator  of  a  mine  in  the  State 
of  Utah  to  provide  fire  protection  as  mentioned  in  this  section, 
by  July  1st,  1901. 

Sec.  2.  (Penalty.)  Any  person  or  corporation  who  shall 
refuse  or  neglect  to  comply  with  the  provisions  of  this  act,  shall 
be  guilty  of  a  misdemeanor. 

Approved  this  25th  day  of  March,  1901. 

SAFETY  APPARATUS  IN  MINES. 

An  Act  providing  for  safety  apparatus  to  be  used  in  all 
mines  with  the  vertical  shaft. 

Section  1.  (Certain  shafts  to  be  provided  with  Safety  cages.) 
It  is  unlawful  for  any  person  or  corporation  to  sink  any  vertical 
shaft,  where  mining  cages  are  used,  to  a  greater  depth  than 
two  hundred  feet,  unless  the  shaft  is  provided  with  an  iron 
bonneted  safety  cage,  to  be  used  in  lowering  and  hoisting 
employees,  or  any  other  person.  The  safety  apparatus,  whether 
consisting  of  eccentrics,  springs,  or  other  device,  must  be 
securely  fastened  to  the  cage,  and  of  sufficient  strength  to  hold 
the  cage  loaded  at  any  depth  to  which  the  shaft  may  be  sunk. 
The  iron  bonnet  must  be  made  of  boiler  sheet  iron  of  good 
quality,  at  least  three-sixteenths  of  an  inch  in  thickness,  and 
must  cover  the  top  of  the  cage  in  such  manner  as  to  afford 


212  MINING  LAWS  OF  UTAH 

the  greatest  protection  to  life  and  limb  from  any  debris  or  any- 
thing falling  down  the  shaft. 

Sec.  2.  (Penalty.)  Any  violation  of  this  act  is  punishable 
by  a  fine  of  not  less  than  two  hundred  or  more  than  five  hundred 
dollars,  the  same  to  be  paid  into  the  county  treasury  of  the 
county  in  which  the  case  is  tried. 

Sec.  3.     This  act  shall  take  effect  upon  approval. 
Approved  this  25th  day  of  March,  1901. 

LEASING  AND  SELLING  MINING  CLAIMS  OF 
ESTATES. 

An  Act  to  authorize  administrators,  executors  and  guardians 
to  lease  mining  claims  and  give  an  option  to  purchase  the 
same,  and  authorizing  the  court  to  require  bonds  and  prescrib- 
ing conditions  under  which  title  may  be  obtained.  (Page  9, 
Laws  of  1903.) 

Section  1.  (Leasing  mining  claims  belonging  to  estates.) 
When  all  or  any  portion  of  the  estate  of  any  person  deceased, 
or  of  any  ward  under  guardianship,  consists  of  mining  claims, 
whether  patented  or  unpatented,  or  of  interests  in  mining 
claims,  the  administrator  or  executor  of  such  deceased  person 
or  the  guardian  of  the  property  of  the  ward,  may  petition  the 
court  having  jurisdiction  of  the  estate  for  leave  to  lease  mining 
claims,  or  interests  in  mining  claims,  belonging  to  the  estate 
of  the  deceased,  or  to  the  ward  with  an  option  to  the  lessee 
to  purchase  the  same;  and  if  upon  the  hearing  it  appears  to 
the  court  that  it  is  for  the  interests  of  the  estate,  the  court  may 
make  an  order  authorizing  the  administrator,  executor  or 
guardian  to  lease  all,  or  such  mining  claims  or  interest  therein 
belonging  to  the  estate  as  he  shall  designate  in  the  order,  and 
to  give  an  option  to  the  lessee  to  purchase  the  same  within  a 
specified  time,  at  a  stipulated  price,  and  when  such  order  has 
been  made,  the  executor,  administrator  or  guardian  may  lease 
the  mining  claims  specified  in  the  order,  and  give  the  lessee  an 
option  to  purchase  the  same,  within  the  time,  and  at  the 
Drice,  specified  in  the  order. 

Sec.  2.  Provides  for  bond  of  administrator  before  sale  is 
confirmed. 

Sec.  3.  If  the  lessee  complies  with  the  terms  of  the  lease, 
and  accepts  the  options,  and  tenders  the  stipulated  price,  he 
shall  be  entitled  to  a  deed  for  the  mining  claims  upon  which 
the  option  was  given,  but  no  titles  shall  pass,  under  such  option, 
until  the  acceptance  of  the  option,  and  the  deed  executed  pur- 
suant thereto,  have  been  reported  to,  and  approved  by  the 
court. 


MINING  LAWS  OF  UTAH  213 

Sec.  4.     This  act  shall  take  effect  upon  approval. 
Approved  this  20th  day  of  February,  1903. 

An  Act  providing  for  the  establishment  of  a  State  School 
of  Mines.  (Approved  March  13,  1901,  see  page  31,  Session 
Laws  1901.) 

TAXATION. 

The  law  on  taxation  of  mines  and  their  net  proceeds,  as 
revised  to  March  11,  1909,  can  be  found  in  full  in  session  laws 
of  Utah,  1909,  page  92.  Too  long  for  publication  here. 

OPERATION  AND  ABANDONMENT  OF  OIL  WELLS,  ETC. 

(Act  of  1909.) 

Section  1.  (Duties  of  Owner  or  Operator.)  When  any  well 
shall  be  drilled  in  this  State  on  lands  producing  or  containing 
petroleum  or  natural  gas,  it  shall  be  the  duty  of  the  owner 
or  operator  thereof,  before  drilling  said  well  into  the  oil  or 
gas-bearing  sand  or  strata,  to  encase  such  well  in  such  manner 
as  to  effectually  exclude  and  prevent  all  water  from  reaching 
said  oil  or  gas-bearing  sand  or  strata. 

Sec.  2.  Id.  And  it  shall  be  the  duty  of  said  owner  or  oper- 
ator, before  abandoning  or  ceasing  to  operate  any  such  well,  to 
securely  and  effectually  plug  said  well,  and  to  fill  it  up  with 
sand  or  rock  sediment  to  a  depth  of  at  least  fifty  (50)  feet 
above  the  top  of  the  oil  or  gas-bearing  sand  or  strata  in  such 
manner  as  to  exclude  all  water  from  reaching  said  oil  or  gas- 
bearing  sand  or  strata,  and  also  as  to  prevent  any  oil  or  gas 
escaping  therefrom. 

Sec.  3.  (Penalty.)  Any  person,  firm  or  corporation  violat- 
ing the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  sentenced  upon  conviction  thereof 
to  the  payment  of  a  fine  not  exceeding  one  thousand  dollars. 

Approved  March  23,  1909. 

IRRIGATION  AND  WATER  RIGHTS. 

The  new  law  of  Utah  concerning  irrigation  and  water  rights, 
enacted  in  1909,  can  be  found  in  Laws  of  Utah,  1909,  at  page 
84.  It  is  too  long  for  this  book  and  is  a  subject  by  itself. 

UTAH. 
LOCATION  NOTICE  LODE  CLAIM. 

For  this  form  use  the  same  as  given  for  Arizona. 


214  MINING  LAWS  OF  UTAH 

UTAH. 
LOCATION  NOTICE  PLACER  CLAIM. 

For  this  form  use  the  same  as  given  for  California. 

UTAH. 
DIAGRAM  OF  LODE  CLAIM. 

For  this  map  see  page,  35,  Arizona  Laws — use  same. 

AFFIDAVIT  OF  LABOR  PERFORMED  AND  IMPROVE- 
MENTS MADE. 

State  of  Utah, 

County  of ,  ss. 

,  being  duly  sworn,  deposes  and 

says  that  he  is  a  citizen  of  the  United  States,  and  more  than 

twenty-one  years  of  age,  and  resides  at in 

County,  State  of  Utah,  and  is  personally 

acquainted  with  the  mining  claim  known  as 

mining  claim,  situate  in Mining 

District,  County  of ,  State  of  Utah, 

the  location  notice  of  which  is  recorded  in  the  office  of  the 

County  Recorder  of  said  County,  in  Book of 

records  of  Mines,  at  page ;  that  between  the day 

of ,  A.  D.  19...,  and  the day  of , 

A.  D.  19 . . . ,  at  least dollars '  worth  of  work 

and  improvements  were  done  and  performed  upon  said  claim, 
not  including  the  location  work  of  said  claim.  Such  work  and 
improvements  were  made  by  and  at  the  expense  of 

owner. .  of  said  claim,  for  the  purpose  of  complying  with  the 
law  of  the  United  States  pertaining  to  assessment  of  annual 

work,  and  John  Smith,  working days  in  said  period 

of  time  (then  follow  with  other  names  in  same  manner)  were 
the  men  employed  by  said  owner. .,  and  who  labored  upon  said 
claim,  did  said  work  and  improvements,  the  same  being  as 
follows,  to-wit : 

The  number  of  cubic  feet  of  earth  (or  rock)  removed  while 
doing  said  work  was cubic  feet. 

Subscribed  and  sworn  to  before  me  this day  of 

,  19.... 

My  commission  expires 


Notary  Public. 

For  affidavit  of  work  done  on  groups  use  above  form  in 
connection  with  form  on  page  61. 


TO  ATTORNEYS 


I  would  advise  you  that  I  have  in  my  office  a  complete  set  of 
Arizona  Statutes,  decisions  and  forms  which  you  are  welcome 
to  use  at  any  time. 

I  have  associates,  mostly  attorneys,  who  can  act  as  agents  for 
corporations,  in  all  the  principal  towns  of  Arizona,  and  I  can 
thus  quickly  and  carefully  assist  you  to  incorporate.  Corres- 
pondence with  attorneys  on  Arizona  practice  will  be  cheerfully 
answered  to  assist  them  in  their  business.  I  was  for  many 
years  District  Attorney  in  Arizona  and  have  been  in  this  line 
of  business  for  20  years.  You  can  save  yourself  a  great  deal  of 
trouble  and  possible  error  by  handing  or  sending  your  original 
articles  (and  two  copies)  to  me,  and  my  associate  in  Arizona 
will  attend  to  filing  and  publishing  and  return  all  papers  to  you 
promptly. 

We  are  also  prepared  to  hold  stockholders'  meetings  any 
where  in  Arizona  by  proxy  when  desired. 

If  you  have  occasion  to  associate  counsel  with  you  in  any 
mining  litigation  in  Arizona,  I  would  have  you  know  that  either 
my  father,  Gen.  Thos.  F.  Wilson,  or  myself  attend  all  terms  of 
Court  in  Phoenix  (Maricopa  County),  Yuma  (Yuma  County), 
Nogales  (Santa  Cruz  County),  Florence  (Final  County),  Tomb- 
stone (Cochise  County),  and  Tucson  (Pima  County).  We  have 
had  from  fifteen  to  twenty  years'  experience  in  mining  litiga- 
tion in  Arizona. 

We  can  also  assist  you  to  obtain  patents  to  mining  claims  or 
agricultural  entries  either  through  the  local  U.  S.  Land  Offices 
at  Phoenix,  Arizona,  or  Los  Angeles,  California,  or  the  Depart- 
ments  in  Washington. 

Gen.  Thos.  F.  Wilson  resides  at  Tucson,  Arizona,  where  he 
was  United  States  Attorney.  We  will  be  glad  to  be  associated 
in  any  class  of  general  law  business  you  may  have  in  Arizona. 

I  refer  by  permission  to  Hon.  W.  J.  Hunsaker,  Hon.  E.  W. 
Camp,  and  Messrs.  Works,  Lee  &  Works,  Attorneys,  Los  An- . 
geles,  California. 

CALVERT  WILSON, 

Attorney  at  Law, 
Los  Angeles,  California, 

350  Wilcox  Building.     Home  Phone  A 1851, 


Type  "Y" 

Economy  Engine  Of  To-day 


for  POWER 

HOISTING  and 
COMPRESSING 

Operates  Satisfactorily  on  Low  Grade  Fuels  in 
Sizes  10  to  200  H.  P. 

Write  us  for  full  particulars  as  to   fuel   economies, 
and  low  cost  of  upkeep  and  operation  of  this  engine. 

FAIRBANKS,  MORSE  &  CO 

423  E.  Third  St.  Los  Angeles 

Telephones:    Home  10114,  Broadway  5388 


General  Legal  Information 

• 

A  corporation  may,  by  its  agent,  locate  a  mining  claim. 
McKinley  v.  Wheeler,  130  U.  S.  630.    70  Fed.  R.  4611 

In  the  case  of  Thompson  vs.  Spray,  72  Cal.  531,'  it  was  decided 
that  a  minor  child  may  make  a  mining  location. 

The  title  to  mining  claims  that  are  not  patented  is  occupa- 
tion and  development,  and  the  title  is  conditional  upon  such 
occupation  and  development. 

No  discovery  of  mineral  is  complete  until  the  actual  vein  is 
discovered;  the  finding  of  float  or  loose  quartz  is  not  a  sufficient 
discovery  to  warrant  a  lode  location. 

Discovery  of  ore  that  will  pay  to  work  is  not  essential  to  a 
mining  location,  but  it  is  sufficient  if  its  value  is  such  that  one 
will  be  willing  to  further  develop  and  follow  the  vein. 

In  order  to  hold  two  or  more  claims  it  is  necessary  that  there 
should  be  a  discovery  of  mineral  on  each  of  the  claims.  An 
extension  of  a  mining  claim  can  not  be  held  by  reason  of  dis- 
covery on  another  claim.  Where,  owing  to  the  nature  of  the 
ground,  stakes  can  not  be  driven  in  where  the  statute  requires 
stakes,  it  is  sufficient  that  the  stakes  be  held  in  place  by  a  pile 
of  stones. 

Where  an  application  has  been  made  for  a  patent  on  one  or 
more  mining  claims  the  annual  labor  must  be  kept  up  after  the 
application  and  until  final  entry. 

While  the  Congressional  Act  of  1880  does  not  require  annual 
labor  upon  a  claim  during  the  year  location  is  made,  still  such 
annual  expenditure  may  be  required  during  the  location  year 
by  State  Statute. 

The  following  things  will  count  for  annual  labor: 

1.  Any  labor    performed   for   the    purpose    of   discovering 
mineral. 

2.  Building  a  road  to  reach  the  mining  claim. 

3.  Building  a  flume,  drain  or  ditch  to  get  water  on  a  claim. 

4.  Wages  of  a  watchman  where  the  mine  is  idle  and  his 
services  are  necessary  to  preserve  valuable  machinery. 

5.  Work  done  off  of  the  claim  when  it  is  a  direct  reference 
to  the  drainage  or  development  of  the  claim. 

The   following  work   will   not   count: 

1.  Building  a  house   for  dwelling   away   from   the   claim, 
though  near  it. 

2.  Expense  of  taking  tools,  lumber,  etc.,  to  the  mine. 


218 


GENERAL  INFORMATION 


3.    Traveling  expenses  in  going  to  and  coming  from  the  mine. 

Where  the  owner  of  the  claim  has  not  done  his  annual  labor, 
but  begins  work  on  Dec.  31st,  and  prosecutes  the  work  con- 
tinuously to  the  amount  of  $100  a  claim,  his  claim  or  claims 
can  not  be  re-located  on  Jan.  1st,  but  his  work  must  be  con- 
tinuous until  the  whole  $100  has  been  expended. 

Where  several  owners  of  a  claim  have  allowed  the  year  to  ex- 
pire without  doing  the  annual  labor  and  one  of  such  owners 
attempts  to  re-locate  the  claim  for  himself  the  Court  will  decide 
that  such  re-location  is  for  the  benefit  of  all  the  former  owners. 

An  amended  location  notice  relates  back  to  the  date  of 
original  location  and  with  all  its  right  and  privileges,  provided 
no  adverse  rights  have  in  the  meantime  intervened.  (40  Fed. 
787.) 

A  placer  claim  is  a  location  in  which  gold  is  found  loose  in 
sand  or  gravel  and  not  in  a  vein  or  in  place.  It  includes  gulch 
claims,  old  channels,  cement  and  drift  diggings. 

The  amount  of  ground  which  can  be  located  as  a  placer  claim 
is  limited  to  twenty  acres  to  each  person,  but  an  association  of 
persons  may  locate  a  claim  in  common,  which  will  in  the  aggre- 
gate not  exceed  twenty  acres  to  each  person  in  the  association, 
and  not  exceed  160  acres  in  all.  In  such  case  a  separate  dis- 
covery is  not  required  on  each  twenty  acres  but  a  discovery  on 
any  part  is  sufficient.  One  person  may  locate  more  than  one 
twenty-acre  claim. 

The  following  table  will  show  the  dimensions  of  placer 
claims : 


Claim 
Claim 
Claim 
Claim 
Claim 
Claim 
Claim 
Claim 

466.69 
660 
660 
1320 
800 
933  1-3 
1320 
2640 

X 
X 
X 
X 
X 
X 
X 
X 

466.69 
330 
660 
660 
1089 
933  1-3 
1320 
2640 

feet 
feet 
feet 
feet 
feet 
feet 
feet 
feet 

contains 
contains 
contains 
contains 
contains 
contains 
contains 
contains 

5 
5 
10 
20 
20 
20 
40 
160 

acres, 
acres, 
acres, 
acres, 
acres, 
acres, 
acres, 
acres. 

Tailings  are  the  property  of  the  miner  who  made  them  so 
long  as  they  are  retained  on  his  own  land,  or  under  his  own 
control  and  not  abandoned,  but  when  allowed  to  flow  upon  the 
land  of  another  the  other  becomes  entitled  to  them. 

A  quit-claim  form  of  deed  is  the  one  commonly  used  to  trans- 
fer title  to  an  unpatented  mining  claim,  but  care  should  be 
taken  to  properly  describe  the  mining  claim  by  reference  to  the 
book  and  the  page  of  the  County  Records  in  which  the  original 
location  notices  are  to  be  found,  and  reference  to  them  should 
be  made  for  description.  It  is  not  necessary  that  the  wife  of 
an  owner  of  a  mining  claim  should  join  her  husband  in  convey- 


GENERAL  INPOEMATION  219 

ing  a  mining  claim  in  either  Arizona  or  Nevada  but  it  is  neces- 
sary in  California  and  Utah.  Where  the  ownership  of  the  claim 
is  in  the  wife,  it  is  necessary  for  the  husband  to  join  in  the 
deed  in  all  of  the  places  named. 

A  person  desiring  to  obtain  a  deed,  a  lease,  a  working  bond 
or  an  agreement  to  sell  a  mining  claim  should  consult  a  lawyer 
who  is  conversant  with  mining  law  in  the  state  in  which  the 
claim  is  located,  unless  he  is  looking  for  a  law  suit.  Before 
paying  out  money  for  such  purposes  an  examination  of  the 
title  of  the  reputed  owner  of  the  mining  claim  should  be  care- 
fully made;  by  doing  these  things  for  a  small  payment  of 
money  trouble  can  be  avoided  to  get  out  of  which  (if  fortu 
nate)  many  hundreds  will  later  be  paid. 

MINING  BLANKS. 

Any  Blank  in  this  book,  except  the  one  on  page  61,  can  be 
purchased  for  5  cents  each  by  writing  to  (enclosing  money 
order  or  stamps  for  amount  of  purchase), 

CALVERT  WILSON, 
340  Wilcox  Building.  Los  Angeles,  California. 


INCORPORATING  UNDER  ARIZONA  LAWS. 

The  incorporation  laws  of  Arizona  are  very  liberal  and  eas- 
ily complied  with.  They  are  preferable  for  incorporation  in 
most  cases  to  the  laws  of  any  other  state.  We  shall  be  glad 
to  consult  with  you  about  them. 


COSTS  OF  INCORPORATION. 

Filing  Articles  with  Corporation  Commission $10.00 

Certified  Copy  from  Corporation  Commission 5.00 

Recording  Copy  with  County  Recorder 4.00 

Charter  from  Corporation  Commission 10.00 

For  Certificate  that  all  papers  are  filed  (optional) 5.00 

Filing  Appointment  of  Resident  Agent 5.00 

Fee  of  Resident  Agent  for  one  year 10.00 

Publishing  Articles  in  Newspaper 20.00 


Total $69.00 

Note:    The  amount  of  capital  stock  makes  no  difference  in 
cost. 


220  GENERAL  INFORMATION 


CONTRACT  TO  SELL  AND  TO  BUY. 

I,  ,  vendor,  hereby  agree  to  sell  to 

,  and  I,   purchaser, 

agree  to  buy  of  said ,  the 

Placer  Mining  Claim,  situate,  etc. 

The  agreed  consideration  of  said  sale  is  $1,000.00  cash  in  hand 
paid,  the  receipt  whereof  is  hereby  acknowledged;  $3,000.00 

to  be  paid  within days  from  the  date  hereof,  and 

$6,000.00  with days  from  such  date,  making  a  total 

consideration  of  $10,000.00. 

Said  vendor  with  ten  days  from  date  will  deliver  to  pur- 
chaser, or  his  attorney,  an  abstract  of  title  duly  certified  by 
the  Clerk  and  Recorder  of  said  County,  or  by  some  reputable 
abstract  office,  together  with  all  the  original  title  papers  which 
are  in  his  possession  or  within  his  power  to  produce. 

And  within  said  time  will  place  in  escrow  in  the 

Bank  of a  good  and  sufficient 

deed  conveying  to  said ,  or  such  person  as 

he  shall  nominate,  the  said  premises  clear  of  encumbrance,  to 
be  by  such  bank  held  in  escrow  until  final  payment  be  made 
under  this  contract  or  default  is  made  under  the  same.  De- 
posit in  said  bank  to  the  credit  of  vendor  shall  be  equivalent 
to  payment  of  any  of  said  installments. 

Time  is  of  the  essence  of  this  contract  as  to  each  and  every 
installment,  and  if  any  installment  or  installments  be  not  paid 
within  the  time  or  times  hereby  limited  therefor,  all  previous 
installments  shall  be  and  remain  the  property  of  said  vendor, 
the  deed  in  escrow  shall  be  returned  to  him  for  cancellation, 
and  the  property  shall  remain  his  own,  unaffected  and  unen- 
cumbered by  this  contract.  But  if  he  fail  to  deliver  abstract 
within  said  period,  or  to  deposit  said  deed  in  escrow,  or  if 
his  title  prove  encumbered  or  otherwise  not  marketable,  vendee 
may  recover  any  and  all  installments  paid,  or  may  sue  for 
specific  performance  and  for  a  perfect  title,  or  for  damages  or 
otherwise  as  he  may  be  advised. 

WITNESS  the  hands  and  seals  of  said  parties  this 

day  of ,  A.  D.  19 

(Seal) 

• (Seal) 


GENEKAL  INFORMATION  221 

BOND  FOR  A  DEED  OF  MINING  PROPERTY. 

That of  the  County 

Know  all  Men  by  These  Presents: 

of and the  part of  the  first 

part,   held  and  firmly  bound  unto 

of  the  County  of and 

the  part of  the  second  part,  in  the 

sum  of Dollars,   

of  the  United  States  of  America,  to  be  paid  to  the  said 

executors,  administrators  or  as- 
signs ;  for  which  payment  well  and  truly  to  be  made 

bind heirs,  executors  and  administrators 

firmly  by  these  presents.     Sealed  with 

seal. . .  .and  dated  the day  of 

A.  D.  One  Thousand  Eight  Hundred  and 

Ninety 

THE  CONDITION  of  the  above  obligation  is  such,  that  if 

the  above  bounded  obligor. . .  .  shall,  on  the 

day  of A.  D.  One  Thousand  Eight 

Hundred  and  Ninety make,  execute  and 

deliver  unto  the  said or  to 

assigns,   (provided  that  the  said 

shall  on  or  before  that  day  have  paid  to  the  said  obligor. ... 

the  sum  of Dollars,    

of  the  United  States  of  America,  the  price  by  said 

agreed  to  be  paid 

therefor),  a  good  and  sufficient  deed  for  conveying  and  assur- 
ing to  the  said free 

from  all  incumbrances,  all .right,  title  and  interest, 

estate,  claim  and  demand,  both  in  law  and  equity,  as  well  in 
possession  as  in  expectancy,  of,  in  or  to  that  certain  portion, 

claim  and  mining  right,  title  or  property  on certain 

vein ....    or  lode ....    of  rock  containing  precious  metals  of 

gold,  silver  and  other  minerals,  and  situated  in  the 

Mining  District,  County  of 

and and  described  as  follows,  to-wit : . . . 

Then  this  obligation  to  be  void,  otherwise   to   remain   in   full 
force  and  virtue. 


Signed,  Sealed  and  Delivered  in  the  presence  of 


(Seal) 
(Seal) 
(Seal) 
(Seal) 


Acknowledge  before  Notary  Public. 


222  GENERAL  LNFOKMATJON 

MINING  DEED.— QUIT  CLAIM. 

THIS  INDENTURE,  made  this day  of ,  in 

the  year  One  thousand,  nine  hundred  and ,  between 

of ,   the  party  of  the 

first  part,  and of ,  the  party  of 

the  second  part, 

WITNESSETH,  that  the  party  of  the  first  part,  for  and  in 

consideration  of  the  sum  of Dollars,  lawful  money 

of  the  United  States,  to  him  in  hand  paid  by  the  party  of  the 
second  part,  the  receipt  whereof  is  hereby  acknowledged,  does 
by  these  presents  sell,  confirm  and  quit-claim  unto  the  said 
party  of  the  second  part,  and  to  his  heirs  and  assigns,  all  those 

certain quartz  mining  claims,  situated  in 

Mining  District, County, 

State  of ,  and  more  particularly  described  as  follows : 

(An  undivided  one-half  interest  in  and  to)  the 

Mining  Claim,  the  location  notice  of  which  is  recorded  in  Book 

,  page ,  Notices  of  Mining  Locations,  in 

the  office  of  the  County  Recorder  of  the  County  of 

State  of ,  and  recorded  in  Book ,  page 

,  of  the  Mining  Records  of  said Mining  District. 

(Here  describe  balance  of  claims  as  above.) 

TOGETHER,  with  all  dips,  spurs,  angles  and  variations  and 
all  the  metals  therein;  and  all  the  rights,  privileges  and  fran- 
chises thereto  incident,  appendant  and  appurtenant,  or  there- 
with usually  had  and  enjoyed;  and  also  all  and  singular  the 
tenements,  hereditaments  and  appurtenances  thereto  belonging, 
or  in  any  wise  appertaining,  and  the  rents,  issues  and  profits 
thereof;  and  also  all  the  estate,  right,  title,  interest,  property, 
possession,  claim  and  demand  whatsoever,  as  well  in  law  as  in 
equity,  of  the  said  party  of  the  first  part,  of,  in  or  to  the  said 
premises,  and  every  part  and  parcel  thereof,  with  the  appur- 
tenances. 

TO  HAVE  AND  TO  HOLD,  all  and  singular  the  said  prem- 
ises, together  with  the  appurtenances  and  privileges  thereunto 
incident,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns  forever. 

IN  WITNESS  WHEREOF,  the  said  party  of  the  first  part 
has  hereunto  set  his  hand  and  seal  the  day  and  year  first  above 
written. 

(Seal) 

(Seal) 

Acknowledge  before  Notary  Public. 


STANDARD 

MAILING  LIST 

COMPANY 

Compilers  and  Addressers  of 

MAILING  LISTS 


We  have  selected  lists  of  most  prominent  people 
of  all  towns  in  Southern  California  and  Arizona 
always  accurate  and  up-to-date  and  ready  for 
instant  use. 

We  compile  lists  to  order  at  reasonable  rates. 

We  can  put  your  lists  of  customers  and  stock- 
holders on  addressograph  plates  and  run  them 
off  at  a  moment's  notice,  accurately  and  rapidly. 

We  do  all  kinds  of  multigraphing,  letter  work, 
addressing  and  mailing. 


342  WILCOX  BUILDING 

LOS  ANGELES,  CALIFORNIA 

Home  Phone:  A 1851 


UNITED  WHOLESALE  GROCERY 
COMPANY 


To  Mining  Men: 

We  carry  in  stock  everything  of  the  best  in  the  Grocery  line, 
necessary  to  supply  mining  companies.  We  will  fill  orders 
promptly  on  the  day  the  same  are  received,  with  careful  packing. 
Write  us  about  your  needs.  We  will  be  glad  to  help  expedite 
your  business  in  every  way.  Come  and  see  us. 

A  few  suggestions  for  your  comfort: 


United's  Superior  Brand  Coffee 
UniteJ's  Superior  Brand  Teas 
Sunfaist  Canned  and  Dried  Fruits 
Del  Monte  Preserves  and  Jellies 
Curtis  Jams  in  three  and  five  pound  crocks 
Olney  Brand  of  fancy  canned  Vegetables 
Peacemaker,     Van  Ruyter,    I  Should 
Worry  Brands  of  Cigars,   and  all 
brands  of  Cigarettes  and  Tobaccos. 
We  carry  all  Standard  Brands  of  Canned 
Goods. 


SECOND  AND  CENTRAL  AVENUE 
LOS  ANGELES,  CALIFORNIA 

Phones:  Home  10141,  Broadway  1 141 


Facts  Useful  to  Miners 


POISONING  AND  ACCIDENTS. 

First.    Send  for  a  physician. 

Second.  Induce  vomiting  by  tickling  throat  with  a  feather 
or  finger;  drinking  hot  water  or  strong  mustard  and  water. 
Swallow  sweet  oil  or  whites  of  eggs. 

Acids  or  antidotes  for  Alkalies  and  vice  versa. 

ACIDS.— Muriatic,  Oxalic,  Acetic,  Sulphuric  (Oil  of  Vitrol), 
Nitric  (Aqua  Fortis).  Antidotes. — Soap-suds,  Magnesia,  lime- 
water. 

PRUSSIC  ACID.  Antidote— Ammonia  in  water.  Dash 
water  in  face. 

CARBOLIC  ACID.  Antidote — Flour  and  water,  mucilagi- 
nous drinks. 

ALKALIES.  Potash,  Lye,  Hartshorn,  Ammonia.  Antidotes. 
—Vinegar  or  lemon-juice  in  water. 

ARSENIC.  Rat  Poison,  Paris  Green.  Antidotes— Milk,  raw 
eggs,  sweet  oil,  lime-water,  flour  and  water. 

BUG  POISON.  Lead,  Salt-petre,  Corrosive  Sublimate,  Sugar 
of  lead,  Blue  Vitrol.  Antidotes — Whites  of  eggs,  or  milk  in 
large  doses. 

CHLOROFORM.  Chloral,  Ether.  Antidotes— Dash  cold 
water  on  head  and  chest.  Artificial  respiration. 

CARBONATE  OF  SODA.  Copperas,  Cobalt.  Antidotes- 
Soap-suds  and  mucilaginous  drinks. 

IODINE.  Antimony,  Tartar  Emetic.  Antidotes — Starch 
and  water  astringent  infusions.  Strong  tea. 

MERCURY  AND  ITS  SALTS.  Antidotes— Whites  of  eggs, 
milk,  mucilages. 

OPIUM.  Morphine,  Laudanum,  Paregoric,  Soothing  Pow- 
ders or  Syrups.  Antidotes — Strong  coffee,  hot  bath.  Keep 
awake  and  moving  at  any  cost. 

PTOMAINE  POISONING.  Keep  drinking  hot  water,  quarts 
if  necessary  until  stomach  is  cleansed  and  empty — Take  hot 
rectal  injections. 

DROWNING.— 1.  Loosen  clothing,  if  any.  2.  Empty 
lungs  of  water  by  laying  body  on  its  stomach  and  lifting  it 
by  the  middle  so  that  the  head  hangs  down.  Jerk  the  body 
a  few  times.  3.  Pull  tongue  forward,  using  handkerchief  or 
pin  with  string,  if  necessary.  4.  Imitate  motion  of  respira- 
tion by  alternately  compressing  and  expanding  the  lower  ribs, 
about  twenty  times  a  minute.  Alternately  raising  and  lower- 
ing the  arms  from  the  sides  up  above  the  head  will  stimulate 
the  action  of  the  lungs.  Let  it  be  done  gently  but  persistently. 
5.  Apply  warmth  and  friction  to  the  extremities.  6.  By 
holding  tongue  forward,  closing  the  nostrils  and  pressing  the 

I 'Adam's  apple"  back  (so  as  to  close  the  entrance  to  stomach, 
lirect  inflation  can  be  tried.     Take  a  deep  breath  and  breathe 


226  FACTS  rsKFUL  TO  MINERS 

it  forcibly  into  the  mouth  of  the  patient,  compress  the  chest  to 
expel  the  air  and  repeat  the  operation.  7.  DON'T  GIVE  UP! 
People  have  been  saved  after  hours  of  patient,  vigorous  effort. 
8.  "When  breathing  begins  get  patient  in  warm  bed,  give  warm 
drinks  or  spirits  in  teaspoonfuls,  fresh  air  and  quiet. 

BURNS  AND  SCALDS.  Cover  with  cooking  soda  and  lay 
wet  cloths  over  it.  Whites  of  eggs  and  olive  oil.  Olive  or  lin- 
seed oil,  plain  or  mixed  with  chalk  or  whiting. 

LIGHTNING.     Dash  cold  water  over  a  person  struck. 

SUNSTROKE.  Loosen  clothing.  Get  patient  into  shade, 
and  apply  ice  cold  water  to  head. 

MAD  DOG  OR  SNAKE  BITE.  Tie  cord  light  above  wound. 
Suck  the  wound  and  cauterize  with  caustic  or  white  hot  iron 
at  once,  or  cut  out  adjoining  parts  with  a  sharp  knife. 

VENOMOUS  INSECTS  STINGS,  ETC.  Apply  weak  Am- 
monia, Oil,  Salt  water  or  Iodine. 

FAINTING.  Place  flat  on  back;  allow  fresh  air,  and  sprin- 
kle with  water. 

CINDERS  IN  EYE.  Roll  soft  paper  up  like  a  lamp  lighter 
and  wet  the  tip  to  remove,  or  use  a  medicine  dropper  to  draw- 
it  out.  Rub  the  other  eye. 

WATER  MEASUREMENTS. 

Arizona  law  has  made  the  cubic  foot  of  water  the  legal 
measure  in  that  State.  Where  miner's  inches  have  been  used, 
100  inches  are  to  be  counted  as  the  equivalent  of  2~y2  cubic 
feet  a  second. 

California  law  has  made  a  miner's  inch  equivalent  to  11/2 
cubic  feet  of  water  per  minute  through  any  aperture. 

LAND  MEASUREMENTS. 

1  Rod   16y>  feet 

1  Mile 320  rods 

1  Chain 66  feet 

1  Mile   80  chains 

1  Acre 43,560  square  feet 

1  Mile 5,280  feet 

1  Mile  Square  640  acres 

10  Acres 435,600  square  feet  or  660  feet  square 

PROPER  METHOD  OF  OBTAINING  SAMPLES. 

(By  Jas.  Irving  &  Co.,  Los  Angeles.) 

It  is  a  well  known  fact  that  an  assay  obtained  from  one  or 
two  pieces  of  ore  cannot  represent  an  average  of  the  vein  or 
mine  from  which  it  is  taken,  as  in  nearly  every  instance  one 
piece  will  be  richer  or  poorer  than  another,  or  if  one  piece  is 
broken  in  two,  each  part  will  give  a  different  assay. 

We  would  advise  that  samples  for  assay  be  taken  clear  across 
the  vein.  These  samples  should  be  taken  on  a  clean  canvas, 
and  then  broken  with  a  hammer  until  there  is  no  piece  larger 


FACTS  USEFUL  TO  MINERS  227 

than  an  inch  in  diameter.  The  sample  should  then  be  thorough- 
ly mixed  on  the  canvas,  and  left  in  a  round  pile,  similar  to  a 
large  pie.  It  should  then  be  divided  into  four  quarters  as 
though  you  were  cutting  the  pie,  and  the  two  opposite  quarters 
carefully  taken  away  and  reserved  for  another  sample  or 
thrown  away.  This  process,  which  is  called  quartering,  should 
be  repeated  until  you  have  from  three  to  five  pounds  left  on 
the  canvas,  which  can  then  be  transferred  into  a  sample  bag, 
being  careful  to  take  all  the  dust  or  dirt  when  it  is  ready  to 
.ship  to  the  assayer. 

Where  you  wish  to  get  a  fair  sample  of  the  whole  ledge  or 
of  a  mine,  this  process  of  sampling  should  be  continued  at 
exact  intervals  of  five  or  ten  feet  on  the  vein,  and  the  assays 
from  such  samples  divided  by  the  number  of  samples  taken, 
would  give  you  the  average  value  of  the  ore  in  the  vein  or  in 
the  mine. 

We  will  cheerfully  furnish,  free  of  charge,  a  reasonable  num- 
ber of  small  sample  sacks  for  taking  such  samples. 

PROSPECTING  OUTFIT  FOR  GOLD. 

1.  A  miner's  hornspoon  or  a  gold  pan. 

2.  An  iron  mortar  and  pestle  for  pulverizing  rock.     A  No. 
40  wire  sieve  might  be  useful  also. 

3.  Strong  nitric  acid,  1  or  2  pounds. 

4.  Mercury,  a  few  pounds,  and  a  little  sodium  amalgam  and 
potassium  cyanide. 

5.  A  small  dish  or  bucket  of  water  for  horning  or  panning 
in. 

6.  A  small  iron  pan  or  a  piece  of  sheet  metal  for  roasting. 

7.  A  small  porcelain  tub,  with  watch  glass  or  other  suit- 
.able  cover  for  retorting  in.    Miners  sometime  tie  up  the  amal- 
gam in  a  rag  and  roast  in  the  ashes. 

8.  An  alcohol  lamp  and  alcohol  for  heating. 

9.  A  blowpipe,  and  stick  of  willow  charcoal ;  a  little  borax, 
.soda,  etc. 

§10.    A  wedgewood  mortar  and  pestle,  or  a  stoppered  bottle, 
or  mixing  the  ore  and  mercury. 
11.     A  pick  and  hammer;  and,  if  quantitive  results  are  de- 
ired: 
12.     Pulp  and  assay  balances.     Cheap  scales  may  be  used 
provided  sufficient  pulp  is  treated  to  overcome  their  lack  of 
delicacy.     Of  low-grade  ores,  it  is  necessary  to  treat  consider- 

Ible  pulp  to  get  a  weighable  quantity  of  the  gold. 
MINING  TERMS. 
Adit — A  tunnel  on  the  vein. 
Alluvium — Materials  transported  and  deposited  by  water. 
Amalgam — Gold  or  Silver  combined  with  Mercury. 
Apex — The  top  or  higher  point  of  a  vein. 
Auriferous — Any  rock  or  sand  bearing  gold. 
Bed-rock — Rock  underlying  placer  mines. 


228  FACTS  USEFUL  TO  MINERS 

Blind  Lode — Where  there  appears  no  outcrop  to  a  vein. 

Breast — The  face  of  a  tunnel  or  drift. 

Breccia — Angular  rocks  cemented  together. 

Cage — An  elevator  used  in  hoisting  ore. 

Cap-rock — Rock  overlying  the  vein  stone  or  ore. 

Collar — The  top  of  a  shaft  or  winze. 

Contact — A  junction  of  two  kinds  of  rock  such  as  lime  and 
porphyry. 

Contact-vein — A  vein  between  two  dissimilar  rock  masses. 

Country-rock — The  rock  on  each  side  of  a  vein. 

Crosscut — A  level  driven  across  the  course  of  a  vein. 

Face — The  end  of  a  drift  or  tunnel. 

Fault — The  displacement  of  a  stratum  or  vein. 

Feeder — A  small  vein  entering  into  a  larger  vein. 

Fissure  vein — A  crack  in  the  earth's  crust  containing  mineral. 

Foot  wall — Rock  beneath  a  vein. 

Gash  vein — A  vein  wide  at  the  top  and  closing  at  a  short 
depth. 

Hanging  wall — The  layer  of  rock  or  wall  overhanging  a  lode. 

Horse — A  mass  of  rock  between  the  branches  of  a  vein. 

In  place — Not  having  been  disturbed  from  its  original  posi- 
tion. 

Level — A  horizontal  passage  in  a  mine  diverging  from  the 
shaft. 

Outcrop — The  portion  of  a  vein  showing  at  the  surface. 

Petering — Giving  out;  failing. 

Pocket — A  rich  spot  in  a  vein  or  deposit. 

Salting  a  mine — Placing  foreign  ore  in  the  crevices  of  a  vein 
for  the  purpose  of  deceaving. 

Stoping — The  act  of  excavating  the  ore  from  the  roof  or 
floor  of  a  drift. 

Strike — The  extension  of  a  lode  in  a  horizontal  direction. 

Stulls — A  frame  work  to  support  the  rubbish  when  stoping. 

Sump — A  hole  at  the  bottom  of  a  shaft  or  tunnel  for  the  col- 
lection of  water. 

Vein — An  aggregation  of  mineral  matter  in  rock  fissure. 

Winze — A  shaft  sunk  from  one  level  to  another. 
TROY  WEIGHTS. 

All  precious  metals  are  weighed  by  Troy  weights,  which  are 
as  follows :  24  grains — 1  pwt. ;  20  pwts. — 1  oz. ;  12  ozs. — 1  Ib. 

To  reduce  Av.  to  Troy  weights:  1  pound  Av. — 7,000  Troy 
grains.  Weigh  your  bullion  in  pounds  and  ounces  Av.  and 
reduce  it  to  grains.  Divide  the  number  of  grains  thus  obtained 
by  480,  the  number  of  grains  to  a  Troy  ounce;  this  wrill  give 
you  the  number  of  Troy  ounces.  If  any  grains  are  left  divide 
them  by  24,  the  number  of  grains  in  a  pennyweight.  This  will 
give  you  the  number  of  pennyweights ;  any  grains  left  after 
the  last  division  are  Troy  grains,  giving  you  the  result  in 
ounces,  pennyweights  and  grains,  Troy. 

14y2  ounces  Troy  equals  a  pound  of  Av. 


HARPER  &  REYNOLDS  CO. 

HARDWARE,  METALS, 
MINING  SUPPLIES, 
WROUGHT  IRON  PIPE 


CANTON 
MINING  DRILL  STEEL 

Equal  to 

Jessop  or  Firth's  Steel  in 
Rock  Work 


CAPS,  BELLOWS, 

FUSE,  SHOVELS, 

HOSE,  BELTING, 

CABLE,  PACKING, 

PICKS,  ORE  CARS, 

ANVILS,  DYNAMITE, 

T  RAILS,  WIRE  ROPE, 

BUCKETS,  DRILL  HAMMERS, 

POWDER,  FIRE  EXTINGUISHERS 


152-154  N.  Main  Street 
153-155  N.  Los  Angeles  St.        Los  Angeles,  Cal. 


230  INDEX 


Index  to  United  States  Laws 

ADVERSE  CLAIMS—  Page       Section 

Proceedings  on 10                 2326 

Verification  by  Agent 12                 2326 

Judgment  against  both  parties 11                 2326 

Entry  or  Judgment  evidence  required 11                  2326 

AGENT— 

Application  for  patent  by 9                 2325 

Citizenship,  proof  of  by  Agent 10                 2325 

AGRICULTURAL  LANDS— 

Segregation  of  Mineral  Lands,  from 22                 2342 

On  Oil  and  Phosphate  Lands 17 

ANNUAL  EXPENDITURE  OR  LABOR— 

Generally , 7                 2324 

For  placers 7                 2324 

Forfeiture  to  co-owner  when 7                  2324 

Oil    Lands 15 

APPLICATION  FOR  PATENT— 

By  Agent 9                 2325 

For  lode  claim 9                 2325 

For  placer  claim   (known  Lode) 14                 2333 

AREA— 

For  lode  claim 5                 2320 

Placer  claim 13                 2331 

Mill  site    21                 2337 

BUILDING  STONE— 

Entered  under  placer  laws 13 

Not  excepted  from  grants  to  States 13 

BUREAU  OF  MINES— 

Act  to  establish 27 

CHARACTER  OF  LAND— 

Hearing  as  to 20                 2335 

CITIZENSHIP— 

Proof  of 6                 2321 

Affidavit  of,  before  whom  made 11 

Proof  by  Agent 10                 2325 

CO-OWNERS— 

Forfeiture  to  whom 7,8                  2324 

COAL  LANDS— 

Generally   25 

DESCRIPTION— 

Of  Lode  claim 7                 2324 

Of  Placer  claims 13                 2330 

By  location  notices 5,  6,  7 

By    survey 9                  2325 

DISCOVERY— 

Generally 5                 2320 

DITCHES  AND  CANALS— 

Generally    21                  2339 

END  LINES— 

Generally    5                 2320 

FORFEITURE— 

To    Co-owner 7                  2324 

LOCATION— 

Under  act  May  10,  1872 5                 2320 

Tunnel  claim 8                  2324 

Lode  claim 5,  6,  7 

Placer  claim .12.  13, 14 

Rights  conferred  by 6                 2322 


INDEX  231 

Page       Section 

Mill  site    21  2337 

LODE  CLAIMS— 

Discovery   5  2320 

Length!' 5  2320 

Width 5  2320 

Location    and    record 5,  6,  7 

Entry  and  patent 9  2325 

MILL  SITES— 

Location  of    21  2337 

Form  for 23 

Patents  for 21  2337 

OIL  LANDS— 

Location  and  entry  of 15 

Amendments     19 

PATENTS— 

Lode    9, 10, 11, 12 

Placer    12, 13, 18, 19,  20 

Mill  site    21  2337 

PETROLEUM— 

Generally     15 

PLACER  CLAIMS— 

Definition  of 12  2329 

Conformity  to  public  survey 12  2329 

Area  of 13  2330-31 

Location  of 13  2330-31 

Lode   in,   procedure 14  2333 

PHOSPHATE  LANDS   17 

PRICE  PAYABLE  FOR  CLAIMS— 

Lode  claims 10, 11  2326 

Piacer    claims 14  2333 

Mill   sites    21  2337 

Saline  Lands 13 

PUBLIC  SURVEYS— 

Adjustment  of,  to  Mining  claims 12  2327 

RELOCATION— 

Generally 7,8  2324 

RESERVES— FOREST— 

Mining  in,  generally 22 

RESERVOIRS— 

Generally 21  2340 

SALINE  LANDS— 

Generally 13 

SURVEY— 

Generally 9  2325 

Expenses  of,  etc 20  2334 

TIMBER— 

For  mining  purposes,  generally 24 

TOWNSITES— ON  MINING  CLAIMS— 

Generally    25 

TUNNEL  SITES— 

Generally 7,8  2324 

VEINS— 

Intersection   of    20  2336 

Apex,  dips 6  2322 

VERIFICATION— 

Of  Affidavits 10  2326 

Same    20  2335 

WATER  RIGHTS— 

Reference  to  law  of ..  21  2339 


232  INDEX 

Index  to  Arizona  Mining  Laws 

(See  also  Index  to  U.  S.  Mining  Laws.) 

DESCRIPTION  OF  MINING  CLAIM—  Page       Section 

AVhat  is  sufficient  in  deed 37  4046 

Contents  location  notice  lode  claim 33  4028 

Relocation 35  4037 

FORFEITURE  OF  INTEREST  OF  CO-OWNERS— 

Notice  to  delinquent  co-owner 36  4042 

Receipt  for  contribution  by  delinquent  co-owner.  .  37  4044 
Proof  of  contribution,  when  co-owner  refuses  to 

acknowledge 37  4045 

LOCATION— 

Who  can  locate   33  4027 

Recording   34  4030 

Of  lode  claims 33  4028 

Of  placer  claims 36  4040 

Of  abandoned  claims 35  4037 

LODE  MINING  CLAIMS— 

Location  of,  by  whom  made 33  4o2/ 

Location,  how  made    33  4028 

Location,  what,  work  to  be  done  to  perfect 33  4030 

Location  notice  to  be  recorded,  when 33  4030 

Failure  to  perform  work  forfeits  claim 34  4031 

Surface  boundaries,  how  marked 34  4032 

Location  notice  may  be  amended 34  4o:j } 

Assessment  work,  affidavit  of 34  4035 

Relocation  of  forfeited  claims 35  4037 

PLACER  MINING  CLAIMS— 

How  located 35  4038 

Location  notice  to  be  recorded 36  4040 

MISCELLANEOUS  LAWS— 

Summary  sales  of  mining  claims  of  estates 55 

Injunction  on  working  claims o5 

Miners '  liens  for  labor  55 

Drainage  by  different  owners   37  4047 

Fees  of  recorder   36  404 1 

Validating  old  relocations   55 

Mine  inspector 39  4<)5;": 

Signal  code + 54  40.ss 


Index  to  California  Mining  Laws 

(See  also  Index  to  U.  S.  Mining  Laws.) 

CIVIL  CODE—  Page       Section 

Claims,  recording  affidavits  of  work  and  notice.  .  .  71  1426m 

Claims,    recording    notice    of    location 69  1426d 

Fixtures  attached  to   67  661 

Hydraulic  mining 79 

Lode  Claims 68  1 42!: 

Placer  claims  '.  .  .  .  69  1 42<le 

Tunnel  right    69  1 42<ie 

Amending  locations    70  1426h 

Surveys 70  14261 

Mill   sites 70  1426J 

Improvements    70  14261 

Forfeiture  to  co-owner    71  1 426o 

Copies  of  mining  records 72  1426q 


INDEX 


233 


Page       Section 

Relocation    72  1426s 

Mining  districts 72  1426r 

Mortgage  of  machinery   74  2955 

Partnership,  mining 73 

Agency  for  transfer  of  stock  in  mining  company  64  586 
Books  of  mining  company  to  be  opened  for  inspec- 
tion    65 

Examination  of  ground  by  stockholders 66  589 

Posting  monthly  statement   65  588 

Mining  companies  may  consolidate   64  587a 

Tenant  at  will  of  mines 67  819 

CODE  OF  CIVIL  PROCEDURE— 

Action  to  recover  75  748 

Eminent  domain   75  1238 

Exemption  of  miners'  property 74  690 

Local  rules  govern  actions 75  748 

Mechanics'  liens  on  mines  ~  .  .  .  .  75  1183 

Use  of  public  land  for  mining 76  1925 

Action  to  quiet  title 74  738 

Order  to  survey  mine 75  742 

Liens  on  mines  in  case  of  assignment. 75  1204 

Patent  prima  facie  evidence  76  1927 

Sale  of  mining  claims  of  estates 76  1580 

G  ENERAL  LAWS—  Act  No. 

Protection  of  miners  in  mines 76 

Liabilities  of  mining  company  for  injury 77 

Easements  and  drainage 77 

Affidavits  of  annual  labor   77 

Forfeiture  of  co-owner 77 

Abandoned  shafts  to  be  fenced 78 

Calaveras  County,  recording  in 79  483 

Protection  of  coal  miners 79  2223 

Bell  signals  in  mine  79  2225 

Debris  commissioner    79  2226 

Public  land,  locations  on 79  2227 

Eight  hour  law 80 

Mineral  in  lakes  and  streams 80 

Conservation  Commission    81 

Larceny  of  ore  from  mines,  etc 81 

Unnecessary  waste  of  natural  gas 82 

Telephones  in  mines    84 

Water  commission 80 

California  State  Mining  Bureau 81 

Agricultural  entry  of  mineral  land 83 

Oil  and  gas  supervisor 83 


Index  to  Colorado  Mining  Laws 

(See  also  Index  to  U.  S.  Laws.) 

ANNUAL  LABOR—  Page       Section 

Colorado  law  and  generally 91  4209 

BUREAU  OF  MINES— 

Act  constituting  and  provisions  thereof 105  426-1 

CORPORATIONS— 

Mining,  generally   101 

CONSPIRACY— 

To  obtain  possession  of  mining  claim 95  4220 


234 


INDEX 


DRAINAGE  OF  MINES—  Page       Section 

Generally    97  4226 

Drainage   districts    99 

EASEMENTS— 

For  water 93  4212 

Hauling  ore    93  4215 

Ditches  and  flumes    93  4216 

EMINENT  DOMAIN— 

Generally    101 

HOURS  OF  LABOR— 

Generally    104 

LODE  CLAIMS— 

Generally 89  4192 

Boundaries    90  4198 

Destroying  land  marks 105  1899 

Discovery  and  discovery  work   '. 90  4199 

Location,  manner  of   90  4197 

Notice  of  location  and  recording. 89  4194 

Relocation     4210 

MECHANICS'  LIENS— 

Generally    103  4028 

MISCELLANEOUS— 

Miscellaneous  provisions 104 

ORE— 

Ore  buyers 99 

Ore  thieves   | 102 

Stealing  ore   102 

Changing  values  103 

PLACER  CLAIMS— 

Generally    91  4205 

Annual  labor   91  4209 

PAY  DAYS— 

Generally    101 

REGULATIONS  IN  MINES— 

Working  regulations,  see  Bureau  of  Mines 105 

General  rules   106 

SURVEY— 

Generally    94  421 8 

SAFETY  RULES— 

See  mine  regulations 106 

STATE  LANDS— 

Leases    99  51 75 

TAXATION— 

Generally    1 02 

TRESPASS— 

Generally    95  4220 

TUNNELS— 

Mining  tunnels,  generally 91  4207 

WORKINGMEN'S  COMPENSATION— 

Generally    106 

Index  to  Idaho  Mining  Laws 

(See  also  Index  to  U.  S.  Laws.)  Page       Section 

Annual  Labor,  and  affidavit  thereof  109  3211 

Actions  to  determine  conflicting  claims 117  4542 

Aliens 121  2610 

Boundaries    ]  08  3207 

Blue  Sky  Law  (corporations) 121 

Conspiracy    119  6541 


INDEX  235 

Page       Section 

Corporations     121  2784 

Destroying  notices 120  7172 

Eminent  Domain 121 

Employer 's  liability    122 

Explosives    121  1555 

False  prospectus   121  7128 

Hours  of  labor 121 

Lode  mining  claims 108        3206,  etc. 

Mine  inspector    121 

Malicious    mischief    120  7172 

Operation  of  mines    122 

Partnerships,  mining   115  3261 

Placer  mining  claims    113  3221 

Possessory  actions  for  public  lands 118  4552 

Protection  of  mechanics  121  1446 

Public  lands 118  4552 

Relocation 110  3212 

Reservoirs  and  dumps  122  1276 

Rights  of  way 113  3223 

State  land  leases 119  1572 

Taxation   121  1863 

Tunnels   114  3236 

Water  rights 122 


Index  to  Nevada  Mining  Laws 

(See  also  Index  to  U.  S.  Mining  Laws.) 

ADVERSE  POSSESSION—  Page       Section 

How  established   163                       1 

ASSESSMENT  WORK— 

Amount  required 129                        9 

Estimate  of    129                        9 

Affidavit  of,  and  recording   129                     10 

BOUNDARIES  OF  CLAIMS— 

Defined  or  marked,  how 125                        2 

In  relocation   128                        6 

When  established  by  surveyor   128 

Of  placer  claim    131                     13 

Of  tunnel  right  132                      1 9 

Of  saline  lands,  must  be  surveyed 134                        2 

CORPORATIONS,  MINING— 

Action   against   co-owners    139                        1 

Money  expended   constitutes   lien 141                        6 

CO-OWNERS— 

Delinquency  of   129                      11 

CONVEYANCE  OF  MINING  PROPERTY— 

Formalities  required    143 

By   minors    145                         7 

DEED  (See  Conveyance) — 

From  State,  must  contain  proviso 135                        3 

DIP  OF  LEDGE— 

Locator  may  follow,  when   127                        4 

DISCOVERY  SHAFT— 

Time  of  sinking,  and  depth    125 

In  case  of  relocation 128                        7 


236  INDEX 

EMINENT  DOMAIN—  Page       Section 

For  mining  purposes   156 

ENGLISH  LANGUAGE— 

Miners  in  certain  work  to  speak 166 

EXEMPTION— 

Miner's  cabin,  etc.,  exempt  from  execution 150  3 

GRUBSTAKE  CONTRACTS— 

Generally    139 

INSPECTOR  OF  MINES 156 

LEGAL  DAY'S  WORK— 

Eight  hours  a  legal  day's  work 154 

LODE  CLAIMS— 

Manner  of  location 125  1 

Notice  of 125  1 

Prior,  right  of 126  3 

Must  be  recorded,  when 126  3 

Includes  what 127  4 

LOCATOR— 

Qualification  of 125  1 

LOCATION  CERTIFICATE— 

Antedating  location  notice    162 

Must  contain  what 126  3 

May  be  changed  how,  wrhen  defective 128  6 

Recorder  to  give  receipt,  prima  facie  evidence...  134 

MACHINERY— 

Regulations  regarding 152  &  165 

MILL  SITE— 

Who  may  locate,  and  size  of  claim 131  15 

Location  must  be  recorded,  to  contain  what 131  16 

MINERAL  LAND  COMMISSIONER— 

Act   creating    155 

MINERAL  LANDS— 

May  enter  upon  private 135 

MINING  CLAIM— 

Mortgage  on 144  ." 

Actions  for  recovery  of 163  1 

Lien  on,  for  labor,  etc 150  2 

Injunction  on 15]  4 

Inspection  of  (new  1909)    156 

Partition  of   , 145  1 

Damage  to  or  trespass  on 147  1 

Majority  owners  may  change  interest  of  minority  139  1 

May  be  worked  on  occupied  land,  when 135  1 

MINERAL  IN  PLACE— 

Locator  must  show    125  2 

MONUMENTS- 
HOW  placed  and  marked 125  -2 

In  tunnel  right   13?  19 

NOTICE— 

Must  contain  what    125  1 

Can  claim  but  one  location 130  12 

Void,  when 126  3 

Time  for  recording 126         .  3 

Of  placer  claim  location 131  13 

Of  tunnel  right  location 132  19 

Of  mill  site  location   131  15 

To  delinquent  co-owner 129  11 

To  owner  of  shaft   .  .    153 


INDEX  237 

OCCUPATION  OF  MINING  CLAIM—  Page       Section 

Consists  of  what 149  4 

Of  saline  lands   134  4 

ORES— 

Preferred  lien  on,  when  150  1 

False  statement  regarding  162  1 

Recovery  of  stolen  ores 141 

Dusty,  must  be  sprinkled 166 

PATENT  ON  MINE— 

Action  regarding 163  1 

From  State  must  contain  proviso 135  3 

PLACER  CLAIM- 
HOW  to  locate 131  13 

Time  for  recording  notice   131  14 

POSSESSION— 

Must  hold,  of  saline  lands 134  4 

Action  for  in  case  of  patent 163  1 

Actions  for   recovery   of    149  4 

PROSPECTING  ON  PRIVATE  LAND— 

Generally    135 

PROTECTION  OF  EMPLOYEES— 

Limiting     use      of      collars,      etc.,      on      shafting 

machinery 151  1 

RECORDER  OF  MINING  DISTRICT— 

Duty  of 138  ] 

Fee  to  collect  and  transmit 138  2 

Penalty  for  neglect  or  refusal 139  6 

Claim  to  be  recorded  with 126  3 

Placer  claim,  to  record 131  13 

Tunnel  right,  to  record 132  19 

Mill  site,  to  record 131  15 

Fee  for  recording  assessment  work 164  1 

Notice  to  delinquent  co-worker,  must  record 129  11 

To  give  receipts   134 

RECORDER,  COUNTY- 

Claim  to  be  recorded  with  126  3 

Fee  for  recording  notice    138  4 

Penalty  for  neglect  or  refusal   139  6 

Ex-officio    mining   recorder,   when 137  1 

To  give  receipts 134 

RECORD,  MINING— 

Previous  records  valid         126  3 

Prima  facie   evidence    126  3 

Includes  what   127  4 

Survey  part  of,  when   128  8 

Of  assessment  work   129  10 

Of  notice  to  delinquent  co-owners 129  11 

Record  in  evidence    139  5 

Imparts  notice  of  contents 139  5 

Copies  of,  received  in  evidence   137  5 

RELOCATION— 

Certificate    of    128  6 

How  made    128  7 

Discovery  shaft  in   128  7 

SALINE  LANDS— 

Generally    133 

SHAFT— 

Discovery  shaft,  depth  of   125  2 

Must  be  fenced    153  1 

Cage  to  be  used  in   . 1 52  1 


238  INDEX 

STOCKHOLDERS  MAY  INSPECT  MINES—  Page       Section 

Application  to  court,  etc 142 

SURVEY— 

Part   of  record 128  8 

Of  saline  lands  required 134  '2 

Order  for,  how  obtained 148  3 

TAXATION— 

Generally    156 

None  on  patented  mine,  when 167 

TRESPASS— 

Upon  patented  mining  ground 149  1 

Applies  to   Esmeralda   County    149  3 

TUNNEL  BIGHT— 

Location   of    132  19 

Boundaries,  how  marked    132  20 

Time  for  recording 133  21 

When  blind  ledge  is  discovered  in 133  22 


Index  to  Oregon  Mining  Laws 

(See  also  Index  to  U.  S.  Laws.) 

ABANDONED  CLAIM—                                                          Section  Page 

Is  unappropriated  mineral  land   5131  180 

APPROPRIATION  OF  WATER- 
ASSESSMENT  WORK— 

Affidavits  required  by  delinquent  co-owners 5148  185 

Certificate  of  delinquency 5150  186 

Eecord  of   5150  186 

Pee  for   5147  185 

Proceeding  to  collect  from  other  owners 5142  183 

Interest  of  co-owner  lost,  when   5145  184 

May  be  performed,  when  5141  182 

Contents  of  notice  to  delinquent  co-owner 5142  183 

Proof  of  non-payment  by  co-owner 5146  184 

BELL  SIGNALS— 

Code  of,  and  rules  for   . 5152  186 

BOUNDARIES— 

How  marked    5128  179 

Certificate    of    ownership    for    non-payment    of 

assessment  work   5146  184 

CHINAMEN— 

Not  to  hold  or  work  claims. Article       8  175 

CONVEYANCES— 

Subject  to  provisions  relating  to  real  property.  .5134  181 

CORPORATIONS  FOE  MINING— 

License   fee   and   statement,   generally 6690-6857  197 

CO-OWNERS— 

May  perform  assessment   work 5141  182 

Suits  between,  concerning  assessment  work 5148  185 

Defective  notice  to,  correction    5140  182 

Delinquent  co-owner,  assessment  work  for 5141  182 

DISCOVERER— 

May  locate  more  than  one  claim 5127  178 

DISCOVEEY  SHAFT— 

What    required    5130  180 

DITCHES  AND  FLUMES  FOR  MINING— 

Are  real  property    5136  1  SI 

Appropriation  of  water  for 6551  1  si-) 

Injury   to    1975  1  7" 


INDEX  •       239 

Section  Page 

Condemnation   for    6857  199 

Not  impaired  by  irrigation  district 6216  189 

Rights  of  way  for,  over  State  land 3940  188 

GRUBSTAKES— 

Requirements  of  contract   : 5138  182 

HOURS  OF  LABOR— 

What  are,  and  penalty  5058  178 

LIENS  OF  MINERS— 

Generally    7444  200 

LIQUOR— 

Cannot  be  sold  near  mine  2139  176 

LOCATION  OF  MINING  CLAIMS— 

Notice  and  affidavit  of  work    5130  180 

Boundaries,  how  marked    5128  179 

Location  notice,  what  to  contain 5128  179 

Recording,  copy  of    5129  179 

Location    work    5129  179 

Subject  to  what  prior  right   5139  182 

MONUMENTS— 

Injury  to,   punishment    1981  175 

NOTICES— 

Notice  of  location    5128  179 

Notice   to    delinquent   co-owner 5142  183 

REDEMPTION  FROM  EXECUTION— 

Amount  required  to  be  paid .5135  181 

TAXATION— 

What  exempt  from 5133  181 

TRESPASS  ON  MINING  CLAIM— 

Punishment  for  .                                                            ..1989  176 


Index  to  Utah  Mining  Laws 

(See  also  Index  to  U.  S.  Mining  Laws.) 

ASSAYS —  Page       Section 

Changing  samples  or  certificate 210  440') 

Making  or  publishing  false  assay 210  4401 

ASSESSMENT  WORK— 

Affidavit  of,  to  contain  what 205  1500 

Must   be   recorded    205  1 5on 

Notice  at  discovery  shaft    205  1499 

Notice  at  entrance  of  workings  205  1499 

ADVERSE  CLAIM— 

Action  to  determine    209  3511 

BOUNDARIES  OF  CLAIMS— 

Defined  or  marked,  how 204  1497 

Of  placer   claim    204  1  497 

COAL  MINES— 

Act  concerning   211 

EMINENT  DOMAIN— 

When  it  can  be  exercised 209  3588 

EXEMPTIONS— 

Exemptions  of  miners    2<>9  3245 

FORFEITURE  OF  INTEREST  OF  CO-OWNERS — 
(See  U.  S.  Laws.) 

FIRE  PROTECTION  IN  MINES— 

An  act  for  .  .  211 


240 


INDEX 


1NTERFKHINC    WITH  NOTICES,  ETC.—  Page       Section 

Penalty  for 208  1 535 

LEASING  OF  MINES— 

Act   concerning  mines  belonging   to   estates 212 

LIENS  FOR  MINER'S  WAGES— 

Miner 's  liens 203  1 381 

LEGAL  DAY'S  WORK— 

Eight   hours  a  legal   day's  work   in  underground 

mines,  etc 203  1337 

Misdemeanor  to  employ  child 203  1338 

LOCATION— 

Manner  of    203  1 495 

Must  be   recorded,  when 204  -1498 

Includes  what    204  1496 

Of  placer  claims   204  1496 

Of  mill  site   204  1496 

LODE  MINING  CLAIMS— 

Location,  how  made 204  1496 

Location  notice  to  be  recorded,  when 204  1498 

Surface  boundaries,   how  marked 204  1497 

Assessment  work,  affidavit  of    205  1 500 

Extent  of  claim    203  1 495 

Monuments     204  1496 

PLACER  MINING  CLAIMS— 

How   located    204  ]  496 

Monuments  may  be  placed,  where 204  ]  497 

Location  notice  to  be  recorded 204  1498 

MONUMENTS— 

Claims  must  be  marked   204  1497 

Permanent  monument   204  1496 

MINING  DISTRICTS— 

Reorganization    205  ]  501 

MINING  CUSTOMS  AND  RULES— 

When  they  control   209  3521 

ORES— 

Damages  for  taking 208  1 536 

RECORDS  OF  MINES— 

Copying  records    . 205  1502 

County  recorder  to  give   207  1506 

District  recorder  to  give 206  1503 

District  recorder  to  give  copies    207  L506xi 

RECORDERS— 

Fees  of  county  recorder    207  1506 

Fees  of  district  recorder   206  1503 

County  recorder  to  record  rules   207  1506 

Mining  district  recorder  to  give  bond 207  1506x 

District  recorder  to  make  copies 207  1506xi 

Vacancy  in  district  recorder 207  1506xii 

SALTING  MINES— 

Penalty  for    210  4399 

SHAFT— 

Must  be  fenced    208  1538 

Cage  to  be  used  in 211 

Pits  to  be  filled   208  1539 

Penalty  for  leaving  uncovered  208  1 540 

STATE  MINERAL  LANDS— 

To  be  leased   209  2370 

SURVEY  OF  MINING  CLAIM— 

Order  for  by  court  209  351 5 


GRIMES-STASSFORTH  STATIONERY  CO. 

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STATIONERS,  PRINTERS,  ENGRAVERS 
and  BLANK  BOOK  MANUFACTURERS 

232-234  S.  Spring  St.           LOS  ANGELES,  CAL. 

NET  PRICE  LIST  of  CORPORATION  SUPPLIES 

100  Lithographed  Stock  Certificates,  with  name 
printed   in,    numbered   in   duplicate,    perfor* 

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150  as  above    bound  in  plain  cloth                             8.00 

200  as  above,  bound  in  plain  cloth                  .  ..  .     9.50 

250  as  above,  bound  in  plain  cloth       11.00 

300  as  above,  bound  in  plain  cloth  12.50 

400  as  above    bound  in  plain  cloth                           15  50 

500   as   above    bound  in  plain  cloth                            18.50 

1000  as  above,   bound  in  plain  cloth               .            33.50 

1   Stock   Journal         -           100  pp.     1.75 

1   Stock  Ledger  100  pp.     1.75 

1  Combination  Stock  Ledger  and 
Journal                                                            100  pp.      1.75 

1  Assessment  Book                                       100  pp.     2.00 

1   Dividend    Book         ...                  100  pp.     2.00 

1  Double  Entry  Ledger  150  pp.     1.50 

1  Cash  Book                                                  150  pp      1  50 

1  Journal                                                         150  pp      1  50 

1   Minute  Book,  plain                                  150  pp.     3  50 

1   Minute  Book,   Printed  Form        .  ..     150  pp.     2.25 

1  By-Law   Book,    Printed   Form  28  pp.        .75 

1  By-Law   Book,   Blank   28  pp.        .65 

1  Corporation   Seal   and  Press,   with  name   of 
Corporation  and   date,    engraved                            3  00 

1  Carney's  Secretary's  Manual  (new  edition.)      3.00 
1   The    Notary's    Manual    (new    edition)  1.50 
1  Wilson's    Corporation    Laws    Arizona,    Cali- 
fornia ftTjrl  Nevada-,  with  T^O^TTIS                             2  00 

1  Wilson's  Mining  Laws  of  Arizona,   Nevada 
and  California   ..             1  00 

Instructions  for  Ordering  Certificates  and  Seal 

When  Sending  an  Order,  be  Sure  and  Give 
Following   Details: 

Name  of  Company. 

Give    name    of    company    just    as    you    want    it    to 
read.        Abbreviate     nothing     you     do     not     want 
abbreviated  in  print. 

Certificate  Style  No. 
Number  of  Certificates  Wanted. 
Date  of  Incorporation. 
Where  Incorporated  (State  or  Territory). 
Principal  Place  of  Business. 
Capital  Stock,  $ 
Number  of  Shares. 
Par  Value  Per  Share. 
Serial  Numbers  Inclusive. 
If  any  other  matters  are  to  be  printed,  state  them 

SEALS. 
When  not  otherwise  specified,   we  engrave  the  name 
of  Company,   date  of  incorporation    (when  given),   and 
principal  place  of  business. 

